Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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Supreme Court

Supreme Court Dismisses Civil Appeal in Property Title Dispute, Upholding High Court's Reversal of Trial Court Decree. The plaintiff failed to discharge the burden of proof to establish ownership of Schedule 'A' property under the Code of Civil Procedure, 1908, based on insufficient evidence including deeds and lack of lease documentation.

4 Jan 2023

The dispute originated from a title suit filed in 1986 by Smriti Debbarma on behalf of Maharani Chandratara Devi, seeking declaration of ownership ove...

High Court

Bombay High Court Dismisses Tenant's Revision in Eviction Suit Based on Landlord's Bonafide Need for Redevelopment. Landlord's Purchase of Entire Property and Need for Expansion of Business for Son Constitute Bonafide Need Under Section 16 of Maharashtra Rent Control Act, 1999.

18 Mar 2024

The applicant, Shridhar K. Berde, was a monthly tenant in Gala No.1 of Municipal House No.2481, Ratnagiri. The original owner Vinayak Purushottam Dali...

High Court

High Court of Karnataka Allows Bank's Writ Petition, Quashes Commercial Court Order Rejecting IA for Production of Documents. Court Holds That Production of Documents Under Order XI Rule 12 CPC Cannot Be Denied on Grounds of Relevance at the Stage of Filing IA.

25 Sep 2025

The petitioner, The Karnataka Bank Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnat...

High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Recovery of Magnetite Powder Price. The court held that triable issues existed but the defendant's defence was not wholly bona fide, warranting security under Order 37 Rule 3(5) CPC.

5 Jan 2011

The judgment concerns two writ petitions arising from a summary suit for recovery of Rs. 38,89,674.14 filed by the plaintiff (M/s. Parijat Enterprises...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Cause of Action Disclosed. Court holds that a plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the claim may ultimately fail on merits.

19 Jun 2019

The judgment pertains to a Notice of Motion filed by defendant No.1 in a suit for specific performance. The defendant sought rejection of the plaint u...

High Court

High Court of Karnataka Dismisses Second Appeal in Possession Suit — Concurrent Findings of Courts Below Upheld. Suit for Possession Based on Title and Prior Possession Dismissed as Plaintiffs Failed to Prove Title and Possession Within 12 Years.

26 Jul 2024

The case involves a second appeal filed by the plaintiffs (appellants) against the concurrent judgment and decree of the Trial Court and First Appella...

High Court

Bombay High Court Adjudicates Writ Petition Against Order Refusing Rejection of Plaint in Commercial Suit. The petition challenges the Commercial Court's dismissal of an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, for rejection of the plaint in a commercial dispute involving foreign entities.

17 Apr 2025

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High Court

Madras High Court Dismisses Defendant’s Civil Revision Petition Challenging Refusal to File Additional Written Statement in Commercial Suit. Court Rules that Order VIII Rule 9 CPC Application is Not Maintainable Under Commercial Courts Act Due to Strict Timelines and Availability of Inspection Safeguards Under Order XI CPC.

17 Jul 2026

The dispute arose from a commercial suit filed by the respondent/plaintiff against the petitioner/defendant in the Principal Commercial Court, Egmore,...

High Court

Bombay High Court Hears Suit for Redemption of Pledged Securities After Loan Default; Plaintiffs Abandoned Main Claim of Transfer Agreement. Pledge Agreement Clause 14(ii) Notice and Default by Pledgor Form Core of Dispute Over Shares of Sesa Sterlite.

5 Jan 2018

The suit was filed by Harinarayan G. Bajaj and others against Reliance Capital Limited and Sesa Sterlite Limited. Plaintiffs borrowed a total of Rs.10...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit Upholding Trial Court's Finding of Failure to Prove Fraudulent Sale Deed. Appeal Under Section 96 CPC Challenges Dismissal of Suit Where Plaintiff Claimed Agreement of Sale, But Trial Court Found No Proof That Subsequent Registered Sale Deed Was Invalid.

20 May 2021

The matter originated as a suit for specific performance of an agreement of sale. The plaintiff (appellant) claimed that he was a tenant under one J.A...

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