Search Results for "Rule 11"

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Supreme Court Allows Appeal in Specific Performance Suit Due to Buyer's Acceptance of Refund During Pendency. Acceptance of Refund of Earnest Money Indicates Lack of Readiness and Willingness, Making Suit Not Maintainable Under Specific Relief Act, 1963.

The dispute arose from a suit for specific performance of an Agreement to Sell dated 25th January 2008, executed between the buyer (Respondent No.1) a...

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Supreme Court Clarifies Scope of “Deep and Pervasive Control” in Grant-in-Aid Disputes. Supreme Court Holds ICSSR Not Liable for Salaries of CRRID Employees; Grants Discretionary, Not a Matter of Right

Nature of the Litigation: The case involved a dispute between the Indian Council of Social Science Research (ICSSR) and Centre for Research in Rura...

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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Bombay High Court Affirmed Maintainability of Suit for Negative Declaration of Marital Status

Declaration of Legal Character – Suit Seeking Negative Declaration – Section 34 of the Specific Relief Act, 1963 – Jurisdiction of Civil Courts ...

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Supreme Court Reinstates Terminated Women Judicial Officers, Emphasizes Gender Sensitivity in Judiciary. Court Sets Aside Termination Orders, Reinstates Sarita Choudhary and Aditi Kumar Sharma with Consequential Benefits

The Supreme Court set aside the termination orders, holding that the terminations were punitive, arbitrary, and astigmatic. Petitioners were reinstate...

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The Court Held That the Plaintiff Deserved an Opportunity to Adduce Evidence, and the Rejection of the Plaint Could Not Be Sustained Solely on the Ground of Absence of a Clear Right to Sue.

Bombay High Court Dismissed Civil Revision Application of Applicant Challenging Rejection of Application for Plaint Rejection. The Court held that a ...

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Rejection of Plaint – Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) – Limitation and Cause of Action – Requirement of Evidence at Trial.

The High Court upheld the Trial Court’s decision, stating that the issues of limitation and cause of action required detailed examination through ev...

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Supreme Court Holds HUDCO in Breach of Contractual Obligations, Orders Refund of Forfeited Amount to Tomorrowland Limited. Forum Shopping and Unclean Hands Doctrine Bar Interest on Refund – Appeal Partly Allowed

The Supreme Court partly allowed the appeal, holding that HUDCO was in breach of its contractual obligations and ordered a refund of the principal amo...

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Supreme Court Allows Appeal in Property Dispute Over Rejection of Plaint Under Order VII Rule 11 CPC. The Court held that the plaint disclosed triable issues regarding mortgage, power of attorney revocation, and jurisdiction, and could not be rejected at the threshold.

The appellant, Vinod Infra Developers Ltd., claimed ownership of agricultural land in Jodhpur and alleged that it had borrowed Rs. 7.5 crores from res...