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Search Results for "amended plaint"

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High Court

Bombay High Court Allows Amendment to Plaint in Suit for Specific Performance — Period of Bona Fide Prosecution of Earlier Proceedings Excluded for Limitation Under Section 14 of Limitation Act, 1963. The court permitted the plaintiff to amend the plaint to seek exclusion of time spent in prosecuting a suit and appeal in the Small Causes Court, holding that such amendment is necessary for determining the real controversy and does not change the nature of the suit.

10 May 2013

The plaintiff, Bharat Petroleum Corporation Ltd. (BPCL), filed a suit for specific performance against the defendants in the Bombay High Court. The su...

High Court

Bombay High Court Dismisses Appeal by Bar Council and Advocates Against Order to Provide Free Legal Aid to Poor Litigants. Court Upholds Constitutional Duty of State and Bar to Ensure Access to Justice Under Article 39A of the Constitution of India.

10 Mar 2006

The case arose from a Letters Patent Appeal filed by the Bar Council of Maharashtra and Goa, the Bombay Advocates Association, and two individual advo...

High Court

Bombay High Court Allows Appeal in Partition Suit — Holds That a Will Bequeathing Property to a Daughter Does Not Confer Title Unless She Is in Possession and That Adverse Possession Must Be Pleaded and Proved. The court decreed partition of ancestral property in favour of co-owners, rejecting the claim of adverse possession by the respondents.

18 Dec 2006

The case involves a dispute over partition of ancestral property. The appellants, original plaintiffs, filed a suit for partition and separate possess...

High Court

Bombay High Court Dismisses Suit as Barred by Res Judicata in Trademark Infringement Dispute. Prior Consent Terms and Withdrawal of Earlier Suit Operate as Res Judicata Under Section 11 CPC.

18 Nov 2016

The plaintiffs, Rasiklal Manikchand Dhariwal and others, filed a suit alleging infringement of their registered trademark 'MANIKCHAND' and passing off...

High Court

High Court of Karnataka Dismisses Writ Petition Under Article 227 of Constitution of India as Alternative Remedy Available Under Commercial Courts Act, 2015. Order Rejecting Plaint in Commercial Suit Amounts to Decree Under Section 2(2) of Code of Civil Procedure, 1908, Making Appeal Maintainable Under Section 13(1A) of Commercial Courts Act, 2015 to Commercial Appellate Division of High Court.

10 Mar 2026

The dispute arose from a writ petition filed under Article 227 of the Constitution of India by a plaintiff, seeking to quash an order dated 03-02-2026...

High Court

High Court of Karnataka Allows Amendment of Plaint in Partition Suit Under Order VI Rule 17 CPC — Rejection of Amendment on Grounds of Delay and Change of Nature of Suit Set Aside. The court held that amendments should be liberally allowed to determine the real controversy, and delay alone is not a ground for rejection unless it causes irreparable prejudice.

17 Apr 2018

The petitioner, defendant No.1 in the original suit, challenged the order dated 15.07.2013 passed by the II Additional Senior Civil Judge, Mangalore, ...

High Court

High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by GPA Holder Without Authority Declared Void. Court holds that a General Power of Attorney must expressly authorize sale of immovable property and that the burden of proving authority lies on the party relying on the GPA.

30 May 2016

The case involves a regular first appeal filed by the defendants against the judgment and decree dated 24.02.2012 in O.S.No.2405/2010 passed by the XI...

High Court

Karnataka High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Suit Not Barred by Limitation or Res Judicata. Order VII Rule 11 CPC Application Dismissed as Plaint Discloses Cause of Action and Is Not Time-Barred.

6 Mar 2015

The appellants, three sisters, filed a suit for partition and separate possession of the suit property claiming to be co-owners along with their broth...

High Court

Bombay High Court Dismisses Suit for Declaration and Injunction in Share Dispute Due to Limitation and Lack of Urgency. Plaintiff's claim for declaration of share ownership and rectification of register barred by limitation under Article 58 of Limitation Act, 1963 as cause of action arose in 1998 but suit filed in 2008.

16 Mar 2017

The plaintiff, Messer Holdings Limited, a company incorporated in British Virgin Islands, filed a suit in 2008 seeking a declaration that it is the ow...

High Court

Bombay High Court Allows Amendment of Decree Without Amending Judgment in Execution Proceedings — Order-XX Rule 6 CPC. The Court held that a decree can be amended to correct property description without amending the judgment, as per Order-XX Rule 6 of the Code of Civil Procedure, 1908.

21 Jul 2017

The case involves a second appeal arising from execution proceedings. The respondents (original plaintiffs) had filed a suit for possession of land an...

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