Search Results for "civil suit dismissal"

3879 result(s) found

Scroll Down To Discover

Found 3879 result(s)

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Partition Appeal in Family Property Dispute — Plaintiff Granted 1/3rd Share Based on Contribution. Court held that the plaintiff's claim for 2/3rd share was barred by res judicata due to dismissal of earlier suit for recovery of contribution amount.

The case involves a partition suit filed by Dr. Bhalchandra Govind Kshirsagar (plaintiff) against his family members (defendants) seeking a 2/3rd shar...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses First Appellate Court's Dismissal on Limitation and Order II Rule 2 CPC. Time was not of essence of contract and suit was not barred by limitation or res judicata.

The appellants, original plaintiffs, filed Special Civil Suit No. 51 of 1989 for specific performance of an agreement to sell immovable property again...

© Image Copyrights Juris Services & Technology

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.

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...

© Image Copyrights Juris Services & Technology

High Court of Bombay Examines Whether Civil Suit for Recovery Survives Approval of Resolution Plan Under Insolvency and Bankruptcy Code, 2016. The petition raises the question of the overriding effect of the IBC on pending civil proceedings.

The matter arose from a summary suit filed by respondent No.1, a proprietary concern, under Order XXXVII of the Code of Civil Procedure, 1908, for rec...

© Image Copyrights Juris Services & Technology

High Court of Judicature at Bombay Considers Writ Petition Against Industrial Tribunal Award. Award Directed Reinstatement of Workman Dismissed During Conciliation as Void Under Section 33(1)(a) of Industrial Disputes Act, 1947.

The dispute arose from the charge-sheet issued on 28 January 1997 by M/s. Gulf Air to its employee Vinod Malhotra, a Passenger Service Supervisor and ...

© Image Copyrights Juris Services & Technology

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.

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

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Cause of Action Disclosed. Court holds that a plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the claim may ultimately fail on merits.

The judgment pertains to a Notice of Motion filed by defendant No.1 in a suit for specific performance. The defendant sought rejection of the plaint u...