Search Results for "order 7 rule 11"

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Search Results for "order 7 rule 11"

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High Court

High Court of Karnataka Allows Appeal in CPC Case — Rejects Application Under Order 7 Rule 11 CPC for Rejection of Plaint as Not Maintainable. Court Holds That Issues of Limitation and Bar of Suit Are Mixed Questions of Fact and Law Requiring Trial, Not Summary Rejection.

10 Jul 2020

The appellant, M/s. Sai Srinivasa Properties and Technologies Pvt. Ltd., filed a suit before the trial court seeking specific performance of an agreem...

High Court

Bombay High Court Dismisses Writ Petitions Against DRT Order in Debt Recovery Case — Bank Entitled to Recover Debt Under RDB Act. DRT Has Inherent Power to Reject Frivolous Counterclaim Without Recording Evidence, and High Court Should Not Interfere When Alternative Remedy of Appeal Exists.

18 Dec 2019

The case involves two writ petitions arising from proceedings before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Fin...

High Court

Bombay High Court Dismisses Writ Petition Against Rejection of Order 7 Rule 11 CPC Application in Eviction Suit — Maintainability Under Article 227 Not Available When Revision Under Section 115 CPC Lies. Composite Application Including Issues Beyond Plaint Rejection Does Not Convert Order into One Not Subject to Revision.

18 Dec 2019

The petitioner, Jasraj Lalaji Oswal, was the defendant in Civil Suit No. 9 of 2016 filed by the respondents (plaintiffs) seeking his eviction. In that...

High Court

Bombay High Court Allows Petitions Challenging Rejection of Plaints Under Order 7 Rule 11 CPC for Non-Disclosure of Cause of Action and Barred by Limitation. Court holds that while considering an application under Order 7 Rule 11 CPC, the court must look at the plaint averments alone and cannot rely on the written statement or other documents filed by the defendant.

9 Aug 2019

The judgment involves two writ petitions arising from orders of the trial court rejecting plaints under Order 7 Rule 11 of the Code of Civil Procedure...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Summary Suit Withdrawal Case. Order 23 Rule 1 CPC Requires Express Liberty for Fresh Suit, but Withdrawal Order Did Not Bar Fresh Suit as It Was Not a Judgment.

6 Aug 2019

The case involves a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (CPC) filed by the applicants (original defendan...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Plaint in Property Dispute — Suit Barred by Limitation Under Order 7 Rule 11(d) CPC. Clause 10 of Agreement for Sale Dated 31-03-1957 Was a Right of Re-Conveyance, Not a Contract for Sale, and Cause of Action Arose in 1988.

2 Sep 2013

The appellant, Kishorbhai Premchand Shah, filed a civil suit in the City Civil Court, Mumbai, seeking a declaration of ownership and permanent injunct...

High Court

Bombay High Court Dismisses Appeal Against Dismissal of Suit Against Foreign Sovereign and Union of India for Want of Consent Under Section 86 CPC and Being Time-Barred. Suit Against Sovereign Head of Netherlands Dismissed as Plaint Did Not Disclose Cause of Action and Was Barred by Limitation.

27 Feb 2013

The appellant, K.S. Dhondy, filed a suit in the Bombay High Court for recovery of US $25 million with interest against two respondents: Her Majesty th...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Medical Negligence Suit — Order 7 Rule 11 CPC Application Not Maintainable as Plaint Discloses Cause of Action. The court held that dismissal of criminal case does not operate as res judicata in civil suit and limitation is a mixed question of fact and law not to be decided summarily.

4 Sep 2012

The judgment arises from two Civil Revision Applications filed by Dr. M. N. Pal, the former Dean of Goa Medical College, challenging an order dated 03...

High Court

Bombay High Court Dismisses Husband's Second Appeal for Divorce on Ground of Desertion - Res Judicata Bars Subsequent Petition After Earlier Dismissal on Merits. The court held that a second petition for divorce on the ground of desertion is barred by res judicata when the earlier petition on the same ground was dismissed on merits, as the cause of action for desertion is a continuing wrong and the earlier decision operates as res judicata for the period up to the filing of the first petition.

7 Dec 2005

The appellant husband and respondent wife were married on 21 May 1991. After marital discord, the wife left the husband's company in 1992. The husband...

High Court

Bombay High Court Dismisses Petition Challenging Suit by Guarantor for Specific Performance of Agreement to Sell. Guarantor's right to sue for specific performance of an agreement to sell immovable property is maintainable under Section 15(b) of the Specific Relief Act, 1963, as a person who has paid consideration and is in possession can enforce the contract.

10 Jan 2005

The petitioners, M/s Bamco Tech Pvt. Ltd. and M/s S.M. Computers Pvt. Ltd., filed a writ petition challenging the rejection of their application under...

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