Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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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 ...

High Court

High Court of Karnataka Dismisses Appeals in Property Declaration Suits — Concurrent Findings of Fact Not Interfered With. Appellants failed to prove title and possession; no substantial question of law arose under Section 100 CPC.

20 Dec 2019

The judgment pertains to two Regular First Appeals (R.F.A.No.784/2013 and R.F.A.No.785/2013) filed under Section 96 read with Order 41 Rule 1 of the C...

High Court

High Court of Karnataka Disposes Regular First Appeal Against Dismissal of Suit for Permanent Injunction and Order for Possession. Dispute centered on legality of employee's occupation of residential premises provided by employer after resignation.

30 Sep 2024

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High Court

Bombay High Court Dismisses Appeal Against Injunction in Bank Guarantee Invocation Dispute. Fraud Must Be Established at Invocation Stage; Bank Guarantee Is Independent Contract Between Bank and Beneficiary.

21 Nov 2012

The appellant, M/s. ABG Ports Limited, filed a suit seeking a declaration that the Joint Bid Agreement (JBA), the Counter Guarantee, and its invocatio...

High Court

High Court of Bombay examined the legality of referring a cable business dispute to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. The court considered whether the trial court correctly referred the dispute despite allegations of fraud and the contention that the arbitration clause did not cover the parties.

26 Jul 2013

The dispute arose between cable operators in Nagpur who had formed a consortium called 'City Cable Vision' (CCV) and entered into a Memorandum of Unde...

High Court

Bombay High Court Dismisses Tenant's Revision Against Eviction Decree — Notice Under Section 106 of Transfer of Property Act, 1882 Held Valid Despite Reference to Expired Quarter. The court held that a notice to quit calling upon the tenant to vacate at the expiration of a quarter that had already expired was not invalid as it was served during the tenancy and the tenant understood the intention.

2 Apr 2018

The case involves a civil revision application filed by M/s. Universal Cables Ltd., the tenant, against an eviction decree passed by the trial court a...

High Court

Bombay High Court Dismisses Bank's Application to Reject Plaint in Commercial Suit for Recovery of Fixed Deposits Allegedly Misappropriated by Bank Manager. Court Holds That Dispute Arising from Breach of Contractual Terms of Fixed Deposit Constitutes a Commercial Dispute Under Section 2(1)(c) of Commercial Courts Act, 2015, Despite Allegations of Fraud.

10 Jun 2024

The Bombay High Court dismissed an interim application filed by the State Bank of India (defendant) under Order VII Rule 11 CPC seeking rejection of t...

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