Search Results for "Plaint Return"

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Search Results for "Plaint Return"

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High Court

Bombay High Court Grants Interim Injunction Restraining Release of Marathi Film 'Mukkam Post' in Copyright Infringement Suit. Court finds prima facie case of substantial similarity between plaintiff's script and defendants' film, and balance of convenience in favour of plaintiff.

24 Oct 2025

The plaintiff, Everest Entertainment LLP, filed a suit for copyright infringement against the defendants, including Mahesh Vaman Manjrekar, Great Mara...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Order VII Rule 11 CPC Application in Commercial Suit for Possession. The Court held that the plaint disclosed a cause of action and the question of limitation was a mixed question of fact and law, not amenable to rejection under Order VII Rule 11 CPC.

25 Jun 2025

The petitioners, who were defendants in a commercial suit filed by the respondent/plaintiff, challenged an order dated 28.02.2025 passed by the IV Add...

Supreme Court

Supreme Court Sets Aside High Court Order Returning Plaint in Civil Suit Over Immovable Property Jurisdiction. The Court Held That the Trial Court in Pune Had Territorial Jurisdiction Based on an Exclusive Jurisdiction Clause in the Agreement and That the Suit Primarily Sought Declaratory and Injunctive Reliefs for Contractual Breaches, Not Directly Concerning Immovable Property Under Order VII Rule 10 CPC, and Modified the Order to Set Aside the Rejection Under Order VII Rule 11 CPC Due to Contradiction.

2 Mar 2023

The appeals arose from a common order of the Bombay High Court allowing civil revision applications against orders of the 9th Joint Civil Judge, Senio...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Suit for Specific Performance. Court holds that plaint cannot be rejected under Order VII Rule 11 CPC when it discloses a cause of action and raises triable issues regarding fraud and misrepresentation.

9 Dec 2019

The petitioners, defendants in a suit for specific performance, filed a writ petition under Article 227 of the Constitution of India challenging an or...

High Court

Bombay High Court Dismisses Writ Petition Challenging Trial Court’s Refusal to Reject Plaint in Eviction Suit; Clarifies That Distinction Between ‘No Cause of Action’ and ‘Failure to Disclose Cause of Action’ is Crucial Under Order VII Rule 11(a) CPC. The Court Held That Defences Raised by the Defendant Cannot be Considered at the Stage of Deciding an Application for Rejection of Plaint, and the Question Whether the Plaintiff Has a Sustainable Cause of Action is a Matter for Trial.

12 Oct 2018

The dispute arose from an eviction suit filed by Vithuram Shivlal Lahoti Denagi Trust against Nanji Sunderji Sejpal. The petitioner, who was the origi...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit — No Concluded Contract via Email Exchange. Unsigned Memorandum of Understanding Not Binding as Parties Did Not Intend to Be Bound Until Execution of Formal Agreement.

14 Jul 2016

The appellants (original plaintiffs) filed a suit for specific performance of an alleged contract for the sale of a flat owned by the respondent (orig...

High Court

Bombay High Court Dismisses Developer's Interim Injunction Application in Redevelopment Dispute and Holds Civil Suit Not Barred by Section 91 of Maharashtra Co-operative Societies Act, 1960. Developer's Claim for Specific Performance of Development Agreement Against Co-operative Housing Society Held Maintainable as Developer Is Not a Member Under Section 91, and Transaction Not Subject to Restrictions Under Sections 43, 44, or 45.

13 Jul 2016

The suit was filed by a partnership firm of developers, Maya Developers, against the Azad Co-operative Housing Society Ltd. and its members, seeking s...

High Court

Bombay High Court Dismisses Appeal Against Return of Plaint in Municipal Tax Dispute — Civil Court Lacks Jurisdiction Over Tax Exemption Claim. Order VII Rule 10 CPC Allows Return of Plaint for Presentation Before Proper Forum When Court Lacks Jurisdiction.

23 Sep 2015

The appellant, Akola Gujrati Samaj, a public trust registered under the Bombay Public Trust Act and a society under the Societies Registration Act, 18...

High Court

Bombay High Court Allows Appeal Against Return of Plaint in Municipal Tax Dispute — Civil Court Must Decide Jurisdiction Before Returning Plaint Under Order VII Rule 10 CPC. The court held that an order returning a plaint for lack of jurisdiction is appealable and the appellate court can examine the correctness of the finding on jurisdiction.

23 Sep 2015

The appellant, Akola Gujrati Samaj, a public trust registered under the Bombay Public Trust Act and the Societies Registration Act, 1860, runs an educ...

High Court

Bombay High Court Dismisses Plaintiff's Claim for Short Delivery of Urea Due to Lack of Title to Sue Under Bill of Lading. Plaintiff Not a Party to Bill of Lading and Cannot Maintain Admiralty Action for Short Landing.

18 Mar 2014

The plaintiff, Dreymoor Fertilizers Overseas Pte. Ltd., filed an admiralty suit against the vessel m.v. Theoforos-1 claiming short delivery of 520.30 ...

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