Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

High Court of Karnataka Allows Revision Petition Against Rejection of Plaint in Suit for Declaration and Injunction — Mutt's Suit Not Barred by Limitation or Res Judicata. The court held that Order 7 Rule 11 CPC requires consideration only of plaint averments, and the suit cannot be rejected on limitation or res judicata unless the plaint itself clearly shows the bar.

24 Jun 2024

The petitioner, Shri Admar Mutt Kaliya Mardana Krishna Devaru, represented by its Peethadhipathi, filed a Civil Revision Petition under Section 115 of...

High Court

High Court of Karnataka Allows Appeal in Declaration and Possession Suit — Sale Deed by Co-owner Without Consent of Other Co-owners Not Binding on Plaintiff. Transfer of Property Act, 1882, Section 44 — Co-owner cannot transfer undivided share in specific property without consent of other co-owners; decree for possession cannot be granted against co-owner in possession.

23 Feb 2023

The appellant, L Rudramuni Swamy, was the first defendant in a suit filed by the original plaintiff Rachappa @ Rachaiah (since deceased, represented b...

High Court

Bombay High Court Dismisses Suit for Declaration and Injunction in Property Dispute — Plaintiffs Fail to Prove Title and Possession. Court holds that mere possession of property documents does not establish ownership and that plaintiffs must prove their title independently.

30 Nov -0001

The plaintiffs, claiming to be owners and in possession of a plot of land in Ghatkopar, Mumbai, filed a suit for declaration of ownership and permanen...

High Court

Madras High Court Grants Decree for Unpaid Shrimp Supply in Commercial Contract Dispute — Plaintiff Entitled to Principal Amount with Interest at 6% Per Annum. Court Holds That Invoices and Purchase Orders Constitute Valid Contracts and That Interest at Contractual Rate of 18% Is Not Automatically Awardable.

23 Jan 2025

The plaintiff, M/s Five Star Marine Exports Private Limited, filed a suit against the defendants, SEA WEALTH PRODUCTS INC. and its President Mr. Paul ...

High Court

High Court of Karnataka Passes Order on Interlocutory Applications in Malnad Technical Education Society Management Dispute. The court considered writ petitions challenging trial court orders rejecting interim injunction applications in a civil suit between rival groups of a registered society.

29 Apr 2026

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High Court

KAHC010662922011_1

25 Jul 2025

The judgment is a common order in House Rent Revision Petition Nos. 136/2011 and 115/2011, and Regular First Appeal No. 160/2021. The appellant, Smt. ...

High Court

Bombay High Court Hears Suit for Specific Performance of Contract for Sale of Property at Bandra, Mumbai. Contractual Dispute Centers on Vendor's Obligation to Provide Vacant Possession and Marketable Title, and Validity of Sale of Minor's Share Without Court Permission.

8 Jun 2021

Background: The suit pertains to a contract for sale of freehold land and structure at Bandra, Mumbai, entered into on 26 June 1993 between the plaint...

Supreme Court

Supreme Court Dismisses Appeals in ISKCON Property and Management Dispute — Upholds High Court's Findings on Governing Body and Ownership of Properties. The Court held that the plaintiffs failed to prove their claim to the Governing Body of ISKCON Bangalore and that the properties in dispute belonged to ISKCON Mumbai, not ISKCON Bangalore.

16 May 2025

The Supreme Court of India heard a group of civil appeals arising from two suits concerning the International Society for Krishna Consciousness (ISKCO...

High Court

High Court of Karnataka Dismisses Appeal in Property Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession of Suit Schedule Properties Including Business Establishment. The Court held that the plaintiff proved the existence of joint family properties and the defendant failed to establish that the business was his separate property.

28 Apr 2026

The appellant, Vardhaman Lengade, was defendant No.2 in a partition suit filed by respondent No.1, Sital Lengade, and others. The suit sought partitio...

High Court

High Court of Karnataka Dismisses Appeal in Arbitration Matter — Appeal Against Order Under Section 34 of Arbitration Act Not Maintainable Under Commercial Courts Act. The court held that the remedy of appeal against an order under Section 34 of the Arbitration and Conciliation Act, 1996 lies under Section 37 of that Act, and not under Section 13(1) of the Commercial Courts Act, 2015.

11 Feb 2021

The case involves an appeal filed under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts A...

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