Search Results for "Cause of action"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Cause of action"

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High Court

Bombay High Court Allows Appeal by Multi Commodity Exchange in Recovery Suit — Limitation Runs from Declaration of Defaulter Under Exchange Rules. Suit for recovery of membership dues filed within three years of declaring member as defaulter on 8 March 2018 is within limitation, reversing trial court's dismissal.

13 Mar 2025

The appellant, Multi Commodity Exchange of India Ltd. (MCX), filed a Commercial First Appeal against the judgment dated 8 March 2022 of the City Civil...

High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Appellate Order — Plaint Rejected Under Order 7 Rule 11 CPC as Suit Barred by Limitation and Section 170 of Representation of the People Act, 1951. The court held that the suit seeking declaration of public documents as fraudulently obtained was barred by limitation and by Section 170 of the Representation of the People Act, 1951, and thus the plaint was liable to be rejected.

22 Apr 2024

The petitioners, original defendants, challenged an order of the District Judge-2 Panaji at Ponda dated 17.10.2023, which allowed an appeal by the res...

High Court

Bombay High Court Allows Amendment of Plaints in Commercial Summary Suits for Recovery of Money Lent — Amendments Based on Existing Documents and Admissions of Liability Do Not Introduce New Cause of Action. The court held that since trial had not commenced, the proviso to Order 6 Rule 17 CPC was not attracted, and the amendments were allowed subject to costs.

27 Feb 2024

The judgment concerns three interim applications filed by the original plaintiffs in Commercial Summary Suit No. 13 of 2011, Commercial Summary Suit N...

High Court

Bombay High Court Upholds Amendment of Plaint in Property Dispute — No New Cause of Action Introduced. Amendment seeking to add details of alternate accommodation agreement and electricity disconnection allowed as it clarifies existing claim without changing the nature of the suit.

5 Feb 2024

The petitioner, Ravi Ashish Builders Ltd, challenged an order dated 10th September 2018 passed by the learned trial judge allowing Chamber Summons No....

High Court

Bombay High Court Allows Petitions by Employer in Unfair Labour Practice Cases Due to Lack of Territorial Jurisdiction. Labour Court at Mumbai Held to Have No Jurisdiction Over Employees Working Outside Mumbai Under MRTU & PULP Act, 1971.

5 Jun 2023

The petitioners, M/s. Abbott Healthcare Private Limited and others, filed three writ petitions challenging identical orders passed by the Industrial C...

High Court

Bombay High Court Allows Revision Against Rejection of Plaint in Suit for Declaration and Injunction — Held That Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata. The court held that the plaint cannot be rejected under Order VII Rule 11 CPC when the allegations in the plaint, taken as true, disclose a cause of action and the issues of limitation and res judicata require trial.

10 Apr 2023

The appellants, original plaintiffs, filed a suit for declaration of ownership and permanent injunction against the respondents, including the State a...

High Court

Bombay High Court Upholds Arbitral Award in Limitation Dispute Between Contractor and Municipal Corporation. Court holds that cause of action for arbitration arose on rejection of claim by Commissioner on 6th January 2000, not on earlier dates, and thus reference was within limitation.

10 Mar 2023

The case involves two appeals filed by M/s. R.N. Ghanekar & Co. (Appellant) and the Municipal Corporation of Greater Mumbai (Respondent) against a com...

High Court

High Court of Karnataka Dismisses Petition for Transfer of FIRs in Cheating Case — No Territorial Jurisdiction to Transfer FIRs from Maharashtra to Karnataka. The court held that since the FIRs were registered in Pune, Maharashtra, and no part of the cause of action arose in Karnataka, the High Court of Karnataka lacked territorial jurisdiction under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973.

19 Dec 2013

The petitioner, Deepak Kumar P. Shenvi, proprietor of M/s. Meghadoot Exim International, filed two writ petitions under Articles 226 and 227 of the Co...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Cancellation of Gift Deed — Plaint Not Liable to Be Rejected Under Order VII Rule 11 CPC as Fraud Allegations Require Trial. The court held that the plaint disclosed a cause of action based on fraud, and the question of limitation is a mixed question of law and fact under Article 59 of the Limitation Act, 1963.

9 Dec 2013

The revision petition was filed by the defendant (Kishan Kumar Sharma) challenging the order dated 04.04.2013 passed by the XXVIII Additional Civil Ju...

High Court

High Court of Karnataka Dismisses Second Appeals in Bank Suit Rejection Case — Plaint Rejected Under Order 7 Rule 11 CPC for Non-Disclosure of Cause of Action. Appellant's Suits for Declaration and Injunction Against Bank's Auction Notice Held Barred by Limitation and Lack of Cause of Action.

1 Mar 2013

The appellant, Yashavant S/o Laxman Sable, filed a series of Regular Second Appeals under Section 100 of the Code of Civil Procedure, 1908 (CPC) again...

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