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Bombay High Court Dismisses Petition Challenging Refusal to Return Plaint in Summary Suit Based on Dishonoured Cheques. Territorial Jurisdiction Determined by Place of Delivery and Dishonour of Cheques, Not Place of Delivery of Goods.

The petitioners, M/s. Rudraksh Laminates Pvt. Ltd. and another, were defendants in a summary suit filed by the respondent, M/s. Vimal Inter Trade Priv...

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Bombay High Court Dismisses Writ Petition Against Rejection of Plaint, Holds Appeal Lies Under Section 96 CPC. Rejection of plaint under Order 7 Rule 11 CPC is a decree under Section 2(2) CPC and appealable under Section 96 CPC, not subject to writ jurisdiction.

The petitioner, Udasing Jagmohansing Dikhat-Thakur, filed Special Civil Suit No. 14 of 2022 in the Court of Civil Judge Senior Division, Beed, seeking...

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Bombay High Court Dismisses Revision Against Rejection of Order 7 Rule 11 Application in Suit for Recovery — Limitation is a Mixed Question of Fact and Law Not Decided at Threshold. Plaint Averments Show Cause of Action Arose in 2010, Suit Filed Within Three Years, Not Barred by Limitation.

The applicants (original defendants) filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the order ...

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Bombay High Court Dismisses Revision Against Rejection of Order 7 Rule 11 Application in Suit for Recovery. Limitation Period for Suit Based on Oral Agreement Runs from Date of Refusal to Pay, Not from Date of Knowledge of Sale Deeds.

The case involves a civil revision application filed by the defendants (applicants) challenging the order of the trial court rejecting their applicati...

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Bombay High Court Dismisses Husband's Challenge to Amendment in Restitution of Conjugal Rights Petition. Amendment Seeking to Add Grounds of Cruelty Based on Extra-Marital Relationship Held Permissible as It Does Not Introduce New Cause of Action Under Order 6 Rule 17 CPC.

The petitioner, Ariz Kohli, and the respondent, Tehzeeb Kohli, were married on 20 January 2002 under Muslim rites and have a son born on 1 August 2004...

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Bombay High Court Dismisses Revision Against Refusal to Reject Plaint in Suit for Conveyance and Amenities. Plaint Disclosed Cause of Action and Claim for Conveyance is Continuing Cause of Action Not Barred by Limitation.

The case involves a civil revision application filed by the applicants (defendants in the suit) challenging the order of the learned Senior Civil Judg...

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Bombay High Court Holds Aurangabad Bench Has Jurisdiction Over Parole Rejection Order Passed at Nashik Central Prison — Reference Answered in Favor of Respondent Prisoner. Territorial Jurisdiction Determined by Place of Confinement and Communication of Order, Not Solely by Location of Prison Authority.

The case arose from a reference made by a division bench of the Bombay High Court at Aurangabad regarding its territorial jurisdiction to entertain a ...