Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

Bombay High Court Revokes Leave Under Clause XII of Letters Patent Act in Suit for Recovery of Loan Facilities — Defendant No. 5's Application Allowed as No Cause of Action Arose Within Jurisdiction. Territorial Jurisdiction Under Clause XII of Letters Patent Act, 1866 Requires Cause of Action to Arise Within Court's Limits; Mere Registered Office of Plaintiff Insufficient.

4 Feb 2013

The Plaintiff, Future Corporate Resources Ltd., filed a suit in the Bombay High Court for recovery of short-term loan facilities advanced to Defendant...

High Court

Bombay High Court Dismisses Revision Application as Not Maintainable in Civil Suit for Injunction — Order Refusing Temporary Injunction Is Appealable Under Order 43 Rule 1(r) CPC. Revision Under Section 115 CPC Is Not Maintainable When an Alternative Remedy of Appeal Exists.

31 Jul 2013

The present Civil Revision Application was filed by the applicants, Babybai w/o Skharam Pardeshi and Madansingh s/o Dharamsingh Pardeshi, against the ...

High Court

Bombay High Court Allows Petition to Return Plaint for Lack of Jurisdiction in Summary Suit for Recovery of Money. Court holds that cause of action arose outside Mumbai and City Civil Court lacked territorial jurisdiction under Section 16 CPC.

10 Mar 2015

The petitioner, Naran Lala Pvt. Ltd., a company based in Navsari, Gujarat, challenged an order dated 25.11.2014 passed by the City Civil Court at Bomb...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit, Upholding Trial Court's Dismissal Due to Prior Partition and Wills. Properties Already Dealt With Under Prior Partition Deed (Ex.D-3) and Testamentary Succession (Ex.D-4, D-7) Leaving No Joint Family Property for Partition.

16 Feb 2021

The litigation arose out of a suit for partition filed by the appellant, Smt. Jaywanthi K. Kapadia, who is one of the legal heirs of late A. Venilal. ...

High Court

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.

20 Jul 2022

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

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Oral Agreement Not Proved. Plaintiff failed to establish oral agreement, payment of consideration, and suit was barred by limitation under Article 54 of the Limitation Act, 1963.

11 Feb 2020

The appellants (original defendant nos. 2 to 4) challenged the judgment and decree dated 18/02/2014 passed by the learned Judge, City Civil Court, Mum...

High Court

Bombay High Court Dismisses Appeal in Family Property Dispute — Plaintiff's Possessory Rights Upheld Based on Agreement and Expenditure. Court held that the plaintiff had established his right to occupy the suit premises based on a family arrangement and his contribution to construction costs.

24 Mar 2005

The case involves a family dispute between a mother (defendant No.1) and her son (plaintiff) over possession of a bungalow. The plaintiff, a doctor, r...

High Court

Bombay High Court Upholds Taxing Master's Order on Court Fees in Property Suit — Court Fees Must Be Paid on Current Market Value Under Section 5 of Bombay Court Fees Act, 1959. Plaintiff's Challenge to Order Directing Payment of Court Fees on Current Market Value Dismissed as Consent Decree in Prior Suit Does Not Affect Court Fee Liability in Subsequent Suit.

24 Jul 2013

The plaintiff, Smt. Hema Valecha, filed a Chamber Summons challenging an order dated 2nd May 2011 passed by the learned Taxing Master of the Bombay Hi...

High Court

High Court of Karnataka Allows Appeal in Property Suit — Trial Court Erred in Rejecting Plaint Under Order VII Rule 11(d) CPC. Suit for Declaration of Title and Possession Not Barred by Limitation as Plaintiff Was in Possession Within 12 Years of Filing.

19 Sep 2024

The appellant/plaintiff filed a suit for declaration of title and possession against the respondents/defendants in O.S.No.7993/2000 before the XVI Add...

High Court

Madras High Court Dismisses Defendants' Petition to Strike Out Plaint in Injunction Suit — Order II Rule 2 CPC Bar Not Applicable as Cause of Action in Subsequent Suit is Different from Earlier Suit. The court held that the bar under Order II Rule 2 CPC applies only when the cause of action is the same, and since the present suit was based on a fresh cause of action, the plaint cannot be struck off.

24 Feb 2026

The case involves a Civil Revision Petition filed under Article 227 of the Constitution of India by the defendants in O.S. No.25 of 2023, seeking to s...

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