Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Property Dispute — Agreement of Transfer and Re-conveyance Clause Requires Trial. Order VII Rule 11 CPC plaint rejection set aside as suit raises triable issues regarding clause 10 of 1957 agreement and plaintiff's transferee rights.

2 Sep 2013

The appellant, Satish Talakchand Shah, filed a civil suit (Civil Suit No. 1708 of 2010) in the City Civil Court, Mumbai, seeking declaration of owners...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Plaint in Property Dispute — Suit Barred by Limitation Under Order 7 Rule 11(d) CPC. Clause 10 of Agreement for Sale Dated 31-03-1957 Was a Right of Re-Conveyance, Not a Contract for Sale, and Cause of Action Arose in 1988.

2 Sep 2013

The appellant, Kishorbhai Premchand Shah, filed a civil suit in the City Civil Court, Mumbai, seeking a declaration of ownership and permanent injunct...

High Court

Bombay High Court Dismisses Suit for Declaration of Trust in Family Property Dispute — Plaintiff Fails to Prove Oral Trust or Fiduciary Relationship Under Indian Trusts Act, 1882. Court holds that mere family relationship does not create a trust and that suit under Section 92 CPC requires specific allegations of breach of trust.

30 Nov -0001

The plaintiff, Sabita Rajesh Narang, filed a suit against her brother Sandeep Gopal Raheja and other family members and companies, seeking a declarati...

High Court

High Court of Karnataka Dismisses Appeal in Property Declaration Suit — Failure to Prove Title and Possession. Suit for declaration of title and injunction dismissed as plaintiff failed to establish ownership and possession over suit property; appellate court affirms trial court's findings on lack of evidence.

23 Aug 2019

The appellant, Sri N. Krishnamurthy, filed a suit for declaration of title and permanent injunction in respect of suit property against the Corporatio...

High Court

Bombay High Court Dismisses Appeal by Co-operative Bank in Government Securities Scam Case — Upholds Trial Court's Finding of No Entitlement to Return of Securities or Recovery of Value. The Court held that the plaintiff bank failed to prove its title to the securities and that the transactions were void ab initio due to fraud, and the bank was not entitled to any relief.

7 Apr 2021

The appellant, The Amravati Peoples’ Co-operative Bank Ltd. (plaintiff), filed a suit for return of government securities sold by it or in the alter...

High Court

Bombay High Court Dismisses Plaintiff's Appeal Against Denial of Interim Injunction in Trade Mark Passing Off Dispute, Holding No Prima Facie Case or Balance of Convenience. Phonetic Similarity of 'CHYMTRAL FORTE' to 'CHYMORAL FORTE' Insufficient for Interim Relief Where Drugs are Schedule H Prescription Medicines and Public Interest Favors Affordable Pricing.

17 Nov 2017

The dispute arose from Torrent Pharmaceuticals Limited's claim that Wockhardt Limited and East African (India) Remedies Pvt. Ltd. were passing off the...

Supreme Court

Supreme Court Allows Appeal in Benami Transaction Suit — Father-Son Relationship Constitutes Fiduciary Capacity Under Section 4(3)(b) of Benami Transactions (Prohibition) Act, 1988. Plaint cannot be rejected under Order VII Rule 11 CPC when exception is pleaded.

2 Apr 2019

The Supreme Court allowed the appeal against the rejection of the plaint by the trial court and the High Court. The appellant, Pawan Kumar, filed a su...

High Court

Bombay High Court Dismisses Appeal by Housing Society Challenging Construction on Adjacent Plot — No Right to Challenge Sanctioned Plan Without Proving Specific Injury. The court held that a plaintiff must establish a specific injury or violation of a legal right beyond being a neighbour to maintain a suit challenging a sanctioned building plan.

14 Feb 2005

The appellant, Kakad Co-operative Housing Society, filed an appeal against the dismissal of their Notice of Motion No.1762 of 2000 by the trial court....

High Court

Bombay High Court Dismisses State Appeal Against Maintainability of Suit Challenging Slum Acquisition Proceedings. Suit for Declaration of Title and Injunction Held Maintainable Despite Bar Under Section 42 of Maharashtra Slum Areas Act, 1971.

22 Feb 2017

The State of Maharashtra appealed against an order dated 12 April 2016 passed by a learned Single Judge of the Bombay High Court in Suit No.2862 of 20...

High Court

High Court of Karnataka Considers Commercial Appeal Against Trial Court's Refusal to Grant Interim Injunctions in Trademark Infringement Suit. The Court Addresses Preliminary Objection Regarding Maintainability of the Suit and Appeal Without Board Resolution.

27 May 2021

The dispute traces back to a family-run jewellery business started in 1869 by C.Krishnaiah Chetty at No.35, Commercial Street, Bangalore. Over generat...

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