Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

Madras High Court Dismisses Civil Revision Petition in Partition Suit — Plaint Rejection Application Rejected as Power of Attorney Cancellation Does Not Automatically Invalidate Prior Alienations. The court held that cancellation of a General Power of Attorney does not render a sale deed executed by the attorney void ab initio, and the validity of such transactions must be decided at trial.

6 Jan 2026

The Civil Revision Petition was filed by the defendants 1 to 10 in a partition suit challenging the order of the Additional District Judge, Chengalpat...

High Court

Bombay High Court Dismisses Landlord and New Tenant's Revision Petitions in Tenancy Dispute — Upholds Appellate Court's Declaration of Tenancy Rights of Legal Heir. The court held that the Small Causes Court has jurisdiction to entertain a suit by a tenant against a trespasser for possession under Section 33 of the Maharashtra Rent Control Act, 1999.

27 Jun 2024

The case involves two Civil Revision Applications filed under Section 115 of the Code of Civil Procedure, 1908, by the original defendant no.1 (landlo...

High Court

Bombay High Court Dismisses Revision Application in Settlement of Accounts Suit — Rejects Application Under Order 7 Rule 11 CPC for Lack of Cause of Action. Plaintiff's Suit for Settlement of Accounts and Recovery of Amount Held Maintainable as Cause of Action Arises from Alleged Breach of Contract and Agency Relationship.

17 Nov 2011

The plaintiff, Rajendra Vinayakrao Ayachit, proprietor of M/s Raj Sales Corporation, Latur, filed Special Civil Suit No.212/2008 before the Civil Judg...

High Court

High Court Rejects Plaint in Money Recovery Suit - Applicant Application Under Order VII Rule 11(d) CPC Succeeds -Plaintiff' Suit Barred by Maharashtra Money Lending Act Due to Unlicensed Lending

21 Jan 2026

The High Court of Judicature at Bombay heard an interim application filed by the defendant under Order VII Rule 11(d) of the Code of Civil Procedure, ...

High Court

High Court of Karnataka Adjudicates First Appeal Against Dismissal of Partition Suit as Not Maintainable. The appeal questioned whether a daughter could claim coparcenary rights under the Hindu Succession (Amendment) Act, 2005, when prior partition deeds existed and the devolution of property was governed by succession under Section 8 of the Hindu Succession Act, 1956, rather than by survivorship.

22 Oct 2024

The first appeal arose from the judgment dated 05.07.2016 in O.S.No.6285/2008 passed by the XXXVII Additional City Civil and Sessions Judge, Bengaluru...

High Court

High Court of Bombay Allows Writ Petition Challenging Trial Court's Order on Preliminary Issue of Jurisdiction Without Hearing Parties. Trial Court's Order Set Aside for Violating Natural Justice Principles Under Order VII Rule 11 CPC.

13 Aug 2014

The petitioner, Chandansingh Sadhusingh Chandel, filed a writ petition under Article 227 of the Constitution of India before the High Court of Bombay ...

High Court

Bombay High Court Considers Application to Vacate Ex Parte Ad Interim Injunction in Trade Mark Infringement Suit. Allegations of Suppression of Material Facts Including Limitation of Registration in Class 25 and Prior User Evidence Are Examined.

15 Oct 2025

The dispute arose from a Commercial Suit for trade mark infringement and passing off filed by Shoban Salim Thakur, sole proprietor of M/s. Family Foot...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Sell Not Binding as Vendor Not Party. Agreement executed between plaintiff and defendant without vendor's consent held unenforceable under Section 54 of Transfer of Property Act, 1882.

13 Mar 2023

The appellant (defendant in the suit) challenged the judgment and order dated 16/07/2022 passed by the learned District Judge No. 18, Nagpur in Regula...

High Court

High Court of Karnataka Disposes of Appeals Against Interim Injunction in Temple Pooja Rights Dispute. Appeals under Section 104 read with Order XLIII Rule 1(r) CPC challenge trial court's order restraining interference with hereditary archakas' rights at Shree Mahabaleshwara Temple.

24 Aug 2020

The miscellaneous first appeals arose from a common order dated 2020-02-19 passed in Original Suit No. 2 of 2016 by the Principal District and Session...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Forest Land Dispute — Non-Compliance of Section 114(A) Notice Not Fatal at Threshold Stage. Notice under Section 114(A) of Karnataka Forest Act, 1963 is procedural and not a bar to maintainability of suit for declaration and injunction.

24 Nov 2021

The appellants, Sidramayya and Roopa, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and...

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