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Search Results for "order vii rule 11"

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High Court

Bombay High Court Allows Second Appeal in Trust Dispute Over Meeting Validity — Rejection of Plaint Upheld as Suit Barred by Section 80 of Maharashtra Public Trusts Act. The court held that civil court lacks jurisdiction to entertain disputes relating to internal management of public trusts, and the proper remedy lies before the Charity Commissioner under the Act.

5 Aug 2016

The case involves a dispute concerning the internal management of Pune Vidyarthi Griha, a society registered under the Maharashtra Public Charitable T...

High Court

High Court Dismisses Union of India's Second Appeal in Salt Land Dispute — Civil Suit Barred Under Section 4(2) of Salt Act, 1882. Exclusive Jurisdiction of Salt Commissioner Precludes Civil Court from Entertaining Suit for Declaration of Title and Possession of Salt Land.

16 Aug 2016

The Union of India, through the Deputy Salt Commissioner, filed a second appeal against the judgment of the District Judge, Thane, which confirmed the...

High Court

Bombay High Court Allows Appeal in Copyright Infringement Case — Plaint Rejection Set Aside for Non-Application of Mind. Court holds that under Order VII Rule 11 CPC, only the plaint averments must be examined for cause of action, not their truthfulness.

24 Jun 2016

The appellant, The Indian Performing Right Society Limited, filed a suit claiming damages for copyright infringement allegedly occurring at Kala Acade...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Property Suit — Plaint Not Barred by Limitation or Res Judicata as Earlier Suit Was Withdrawn Without Liberty to File Fresh Suit.

26 Feb 2016

The applicant, original defendant No.1 in S.C.S. No.5055/2012, filed a civil revision application under Section 115 of the Code of Civil Procedure, 19...

High Court

Bombay High Court Allows Revision Against Rejection of Plaint Rejection Application in Suit for Declaration and Possession — Limitation and Cause of Action Must Be Examined at Threshold Under Order VII Rule 11 CPC

27 Oct 2014

The respondents (original plaintiffs) filed Special Civil Suit No. 691 of 1993 in 2013 seeking a declaration that a sale deed dated 13th December 1978...

High Court

Bombay High Court Partly Allows Revision in Civil Suit Jurisdiction Dispute — Trial Court Directed to Frame Preliminary Issue Under Section 9A CPC on Valuation and Limitation. The court held that mixed questions of law and fact regarding jurisdiction, valuation, and limitation under Section 9A CPC and Bombay Court Fees Act require framing of issue and evidence before decision.

26 Oct 2015

The case arises from Regular Civil Suit No. 1041 of 2014 pending before the trial court. The applicant (original defendant) filed two applications: on...

High Court

High Court of Bombay at Aurangabad Allows Revision Application in Civil Suit for Recovery of Rent — Order VII Rule 11 CPC Application for Rejection of Plaint Dismissed by Trial Court Set Aside. Plaint Rejected for Lack of Cause of Action as Lease Agreement Not Signed by Defendant.

18 Nov 2015

The petitioner, Indus Towers Limited, a company incorporated under the Companies Act, 1956, filed a Civil Revision Application under Section 115 of th...

High Court

Bombay High Court Dismisses Revision Against Rejection of Application Under Order VII Rule 11 CPC in Suit for Possession and Removal of Obstruction. Earlier Suit Withdrawn Without Liberty to File Fresh Suit Does Not Bar Subsequent Suit if Cause of Action is Different.

10 Mar 2015

The revision application was filed by the original defendant No.1 against the order of the Jt. Civil Judge, Junior Division, Gangapur, dismissing his ...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application Under Order VII Rule 11 CPC. Court holds that valuation for court fees and jurisdiction is a mixed question of law and fact not to be decided at preliminary stage.

20 Jan 2015

The petitioner, M/s Prism Reality, filed a writ petition under Article 227 of the Constitution challenging the order dated 30.07.2014 passed by the le...

High Court

High Court of Bombay Allows Writ Petition Challenging Trial Court's Order on Preliminary Issue of Jurisdiction Without Hearing Parties. Trial Court's Order Set Aside for Violating Natural Justice Principles Under Order VII Rule 11 CPC.

13 Aug 2014

The petitioner, Chandansingh Sadhusingh Chandel, filed a writ petition under Article 227 of the Constitution of India before the High Court of Bombay ...

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