Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

Karnataka High Court Quashes Ex-Parte Ad-Interim Injunction Order Against Digital Media Journalist in Defamation Suit Concerning Dharmasthala Temple Allegations. The High Court found the order granting mandatory injunction without hearing the petitioner and without reasons was illegal and unconstitutional prior restraint.

1 Aug 2025

The writ petition was filed by a digital media journalist (defendant No. 66 in the underlying defamation suit) challenging an ex-parte ad-interim inju...

Supreme Court

Supreme Court Allows Civil Appeal in Partition Suit and Directs Moulding of Relief for Children of Deceased Propositus. The court held that admissions under Sections 17 and 18 of the Indian Evidence Act, 1872, constitute substantive evidence and entitle children through extended family to shares in the deceased's property, directing a preliminary decree for partition based on documentary evidence.

19 Jan 2024

The dispute arose from a partition suit filed by respondents 1 and 2 for separate possession of agricultural properties against respondents 3 and 4, w...

High Court

High Court of Karnataka Allows Amendment of Plaint in Suit for Declaration — Petitioner Allowed to Amend Plaint to Include Alternative Relief of Specific Performance. Amendment Sought After Commencement of Trial but Before Evidence Concluded, Held Permissible Under Order VI Rule 17 CPC as No Prejudice Caused to Opposite Party.

25 Sep 2025

The petitioner, Smt. C M Bhagyalakshmamma, filed a suit (O.S.No.123/2014) before the Senior Civil Judge and JMFC, Tumakur, seeking a declaration that ...

High Court

Bombay High Court Dismisses Executrix's Suit for Copyright Infringement of Song from Film 'Talash' — Plaintiff Failed to Establish Ownership of Copyright in Cinematographic Film Under Copyright Act, 1957. The court held that the plaintiff, claiming as executrix of the deceased producer, did not prove that the copyright in the song vested in the estate, as the song was composed by a third party and the producer had only commissioned the film.

8 May 2012

The plaintiff, Rupalli P. Shah, claiming to be the executrix of the last Will and testament of O.P. Ralhan (deceased), filed a suit seeking to restrai...

High Court

High Court of Karnataka Dismisses Regular First Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Disturbed. Appeal fails as appellants failed to prove title and possession over suit property, and no substantial question of law arose.

17 Mar 2023

The case involves a Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 30.06.2015...

Supreme Court

Supreme Court Allows Appeal in Civil Jurisdiction Dispute — Holds Civil Court Has Jurisdiction to Declare Gift Deed Void Despite Revenue Proceedings Under Rajasthan Tenancy Act, 1955. The Court set aside the High Court's order rejecting the plaint and remanded the matter for determination of jurisdiction after framing preliminary issues and recording evidence.

29 Jan 2019

The appellant, Pyarelal, filed a civil suit seeking a declaration that a gift deed dated 10 February 2011 was void to the extent of his share in agric...

High Court

Bombay High Court Partially Dismisses Petition Challenging Rejection of Amendment in Partition Suit — Amendment Sought After Commencement of Trial Disallowed as It Would Change Nature of Suit Under Order VI Rule 17 CPC

17 Dec 2021

The petitioner, Raju Danchand Bardia, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 13th October 202...

High Court

Bombay High Court Dismisses Appeal Against Order Refusing to Set Aside Ex-Parte Decree in Commercial Suit — Appellant Failed to Show Sufficient Cause for Non-Appearance. The court held that the appellant's failure to appear despite service and the lack of a valid explanation for the delay in filing the application to set aside the decree disentitled it to relief under Order IX Rule 13 of the Code of Civil Procedure, 1908.

27 Nov 2020

The appellant, BVM Finance Private Limited, was the original defendant No.1 in a commercial suit filed by the respondent No.1, Vistra ITCL (India) Ltd...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Immovable Property — Purchaser Failed to Demonstrate Willingness to Complete Transaction. Readiness without willingness is insufficient for specific performance under Section 16(c) of the Specific Relief Act, 1963, as the plaintiff insisted on adjustment of loans without calling upon defendant to pay its share.

8 Apr 2019

The suit was filed by G Ram Construction Company (plaintiff) against Chowgule & Company (Hind) Pvt Ltd (defendant) for specific performance of an agre...

High Court

Bombay High Court Dismisses Petition Challenging Invocation of Bank Guarantee in Commercial Dispute. Bank Guarantee Invocation Upheld as No Case of Fraud or Irretrievable Injustice Made Out.

6 Sep 2005

The petitioner, M/s. Atul Medical, filed a writ petition challenging the invocation of a bank guarantee of Rs. 8 lacs by the respondent, M/s. Cadila H...

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