Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Plaint Discloses Cause of Action and Limitation Is a Triable Issue. The court held that under Order 7 Rule 11 CPC, only plaint averments are relevant and if they disclose a cause of action, the plaint cannot be rejected; limitation is a mixed question of law and fact.

30 Nov -0001

The applicant, Mr. Ajay Wadhwa, who was original defendant No.9 in the suit, filed a Notice of Motion seeking rejection of the plaint under Order 7 Ru...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Unfair Trade Practice Suit — Amendment Allowed to Bring Subsequent Resolution on Record Under Order 6 Rule 17 CPC.

16 Oct 2018

The petitioner, City and Industrial Development Corporation Ltd. (CIDCO), filed a writ petition under Article 227 of the Constitution of India challen...

High Court

High Court of Karnataka Dismisses Revision Petition in Partition Suit — Order Rejecting Application for Judgment on Admissions Upheld. Court held that admissions must be clear and unequivocal for judgment under Order 12 Rule 6 CPC, and disputed questions of fact cannot be decided in such application.

4 Aug 2023

The petitioner, who is the first defendant in a suit for partition and separate possession, filed a revision petition under Section 115 CPC challengin...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Partition Suit — Order 7 Rule 11 CPC Not Applicable When Plaint Discloses Cause of Action. Court holds that rejection of plaint under Order 7 Rule 11 CPC is permissible only if the plaint does not disclose a cause of action, and the court cannot go beyond the averments in the plaint.

11 Mar 2022

The appellant, Sri Nath M.S., filed a suit for partition and separate possession of suit schedule properties against the respondents, who are his fami...

High Court

Bombay High Court Allows Tenant's Petition in Eviction Suit — Landlord Failed to Prove Bona Fide Need for Residential Premises Under Section 16 of Maharashtra Rent Control Act, 1999. Tenant's Use of Rear Rooms for Storage and Occasional Stay Did Not Constitute Subletting or Change of User.

28 Nov 2017

The petitioner, a tenant, challenged the judgment and order dated 11th August 1999 passed by the Additional District Judge, Thane, which partly decree...

High Court

Bombay High Court Dismisses Admiralty Suit for Pure Economic Loss Without Physical Damage — Claim for Production Loss Due to Vessel Grounding Held Not Maintainable in Tort of Negligence. Defendant Vessel Owner Not Liable as No Duty of Care Owed to Jetty Owner for Purely Economic Loss.

9 Jun 2014

The plaintiff, owner of a captive jetty and PVC resin plant, filed an admiralty suit against the defendant vessel, claiming production loss of Rs. 12,...

Supreme Court

Supreme Court Allows Appeal in Suit for Recovery of Money, Remands for Trial on Evidence Due to Disputed Facts on Limitation. The Court Held That Limitation Issue Cannot Be Decided as a Preliminary Issue Under Order XIV Rule 2 of Code of Civil Procedure, 1908, When Facts Are Contested, Requiring Evidence on Nature of Transactions and Repayment Terms.

31 Jan 2022

The appeal arose from a judgment of a Single Judge of the High Court of Delhi in RFA No 5 of 2019, which upheld the trial court's dismissal of a suit ...

High Court

Bombay High Court Upholds Civil Court Jurisdiction in Trust Dispute — Suit for Injunction Against Former Trustee Not Barred Under Sections 50 and 51 of Bombay Public Trust Act, 1950. The court held that the bar under Sections 50 and 51 applies only to suits relating to administration of trust or appointment/removal of trustees, not to suits against a former trustee who has ceased to be a trustee.

26 Sep 2011

The revision petition was filed by the original defendant, Vijay Raghurama Shetty, challenging an order of the City Civil Court, Bombay dated 01.07.20...

High Court

Bombay High Court Dismisses Revision Against Trial Court's Order on Preliminary Issues in Property Suit Between Sisters. Court Holds That Valuation and Limitation Are Mixed Questions of Law and Fact Requiring Trial, Not Preliminary Determination.

28 Feb 2017

The case involves a civil revision application filed by the original defendant, Smt. Archana Randaye, against an order of the trial court dated 3rd Ma...

High Court

High Court of Karnataka Hears Regular First Appeals Against Trial Court Decree Declaring Will Null and Void and Granting Partition. Appellants Challenge Declaration That Will Dated 30.06.1993 Was Executed Under Suspicious Circumstances; Final Judgment Text Incomplete.

16 Aug 2019

The High Court of Karnataka heard two connected regular first appeals under Section 96 of the Code of Civil Procedure, 1908, against the judgment and ...

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