Search Results for "Cause of action"

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Search Results for "Cause of action"

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High Court

Bombay High Court Allows Civil Revision Against Rejection of Plaint in Malicious Prosecution Suit — Acquittal in Section 138 NI Act Proceedings Does Not Automatically Furnish Cause of Action for Malicious Prosecution. The court held that a suit for malicious prosecution based solely on acquittal in proceedings under Section 138 of the Negotiable Instruments Act, 1881, without allegations of malice and lack of reasonable cause, is not maintainable and the plaint is liable to be rejected under Order VII Rule 11 CPC.

2 Jul 2026

The applicant, Abhijeet B. Chavan, filed a Civil Revision Application before the Bombay High Court challenging an order dated 2nd January 2024 passed ...

High Court

Bombay High Court Allows Civil Revision Against Rejection of Plaint in Malicious Prosecution Suit — Acquittal in Section 138 NI Act Proceedings Does Not Automatically Furnish Cause of Action for Malicious Prosecution. The court held that the mere fact of acquittal in proceedings under Section 138 of the Negotiable Instruments Act, 1881, does not, by itself, give rise to a cause of action for a suit for malicious prosecution, and the plaint is liable to be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908.

2 Jul 2026

The applicant, Mr. Abhijeet B. Chavan, filed a Civil Revision Application before the Bombay High Court, Circuit Bench at Kolhapur, challenging an orde...

High Court

Bombay High Court Allows Civil Revision Against Rejection of Plaint in Malicious Prosecution Suit — Acquittal in Section 138 NI Act Proceedings Does Not Automatically Furnish Cause of Action for Malicious Prosecution. The court held that a suit for malicious prosecution based solely on acquittal in cheque dishonour proceedings is not maintainable when the cheque was admittedly issued by the plaintiff.

2 Jul 2026

The applicant (defendant in the original suit) filed a Civil Revision Application under Section 115 CPC challenging the order of the Trial Court dated...

High Court

Bombay High Court Allows Writ Petitions Against Revisionary Authority on Jurisdiction Ground. Cause of Action Arises at Place of Revisionary Authority's Office Under Article 226(2) of Constitution of India, Not Where Original Adjudication Order Was Passed.

5 Sep 2024

The Bombay High Court dealt with a preliminary objection regarding the maintainability of six writ petitions challenging orders passed by the Revision...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11 CPC — Plaint Discloses Cause of Action Against All Defendants Including Those Alleged to Be Benami. The court held that allegations of sham and benami transactions in a suit for specific performance constitute a cause of action and cannot be rejected at the threshold under Order VII Rule 11(a) of the Code of Civil Procedure, 1908.

19 Jun 2021

The Appellants, original Plaintiffs, filed Suit No. 187 of 1993 seeking specific performance of an agreement to sell dated 1st August 1985 in respect ...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Waqf Property Dispute. Order VII Rule 11(d) CPC Application Rejected as Plaint Disclosed Cause of Action and Limitation Was a Mixed Question of Fact and Law.

23 Apr 2021

The case involves a Civil Revision Application filed by Aurangabad Smart City Development Corporation Limited and the Municipal Corporation, Aurangaba...

High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. FIR registered at Ahmednagar quashed as cheque was drawn on Navsari bank and no cause of action arose within Ahmednagar under Section 138 of Negotiable Instruments Act, 1881.

24 Mar 2021

The petitioners, original accused in FIR No. I-382 of 2018 registered at Camp Police Station, Bhingar, Ahmednagar, for an offence under Section 138 of...

High Court

Bombay High Court Clarifies Pleading Practice in Trademark Infringement and Passing Off Suits — Single Injunction Prayer Sufficient. The court held that separate prayers for infringement and passing off are unnecessary; a single prayer for injunction suffices regardless of the ground.

22 Mar 2021

This judgment arises from an interim application in a commercial IP suit filed by Hindustan Unilever Ltd against an opposing party. The court had alre...

High Court

Bombay High Court Allows Daughter's Appeal Against Dismissal of Petition Challenging Father's Marriage Under Order 2 Rule 2 CPC. Family Court Erred in Holding That Earlier Suit for Declaration of Marriage as Void Was Barred by Res Judicata as Cause of Action Was Different.

17 Mar 2021

The appellant, Mrs. Nayana M. Ramani, is the married daughter of late Mr. Navnitlal R. Shah. The respondent, Mrs. Fizzah Navnitlal Shah, claims to hav...

High Court

Bombay High Court Allows Criminal Writ Petition Against Kolkata Magistrate Under Article 226 Based on Cause of Action Arising in Maharashtra. The court held that the High Court can exercise jurisdiction under Article 226 if the cause of action, wholly or in part, arises within its territorial limits, even if the seat of the authority is outside those limits.

11 Mar 2021

The petitioners, Bhajan S/o Jagu Malkam and Patiram S/o Zigu Hichami, residents of Gadchiroli, Maharashtra, filed a Criminal Writ Petition No. 352/202...

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