Search Results for "Civil Procedure Code, 1908"

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Search Results for "Civil Procedure Code, 1908"

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High Court

Bombay High Court Adjudicates Civil Revision Application Challenging Rejection of Plaint Rejection Application in Trust Dispute Under Maharashtra Trust Act. Application Under Order VII Rule 11(d) of CPC Alleges Bar of Suit by Sections 22, 50, 51, 70 of Maharashtra Trust Act, 1950.

10 Jul 2019

The dispute centered on the expulsion of two trustees from a trust registered under the Maharashtra Trust Act, 1950. The applicants, comprising ten in...

High Court

Bombay High Court Decides Common Question of Law in Consolidated Commercial Suits and Interim Applications. The Court Interprets Provisions of the Commercial Courts Act, 2015 in the Context of Multiple Suits Involving Banking, Media, and Other Commercial Disputes.

27 Feb 2019

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High Court

Bombay High Court Dismisses Plaintiff's Application for Decree of Possession Under Order XII Rule 6 CPC — No Clear Admission Found in Society's Letters. The court held that letters from the defendant society did not amount to unequivocal admissions of the plaintiff's ownership, and thus summary decree was not warranted.

5 Feb 2019

The plaintiff, Mahesh B. Chaudhary, filed a suit seeking possession of Flat No.17, 1st floor, Radha Sadan Co-operative Housing Society Ltd., and a dec...

High Court

High Court of Karnataka Dismisses Second Appeals in Bank Suit Rejection Case — Plaint Rejected Under Order 7 Rule 11 CPC for Non-Disclosure of Cause of Action. Appellant's Suits for Declaration and Injunction Against Bank's Auction Notice Held Barred by Limitation and Lack of Cause of Action.

1 Mar 2013

The appellant, Yashavant S/o Laxman Sable, filed a series of Regular Second Appeals under Section 100 of the Code of Civil Procedure, 1908 (CPC) again...

High Court

High Court Dismisses Writ Petition Against Order Holding Suit for Modification of Trust Scheme Not Maintainable Before Persona Designata. The District Judge as Persona Designata Does Not Have Jurisdiction to Amend the Scheme Framed Under Section 92 CPC; Such Suits Must be Filed in Civil Court.

22 Apr 2025

This writ petition arises from a challenge to the order dated 5 December 2024 passed by the President of Shree Dnyaneshwar Maharaj Sansthan, Alandi, P...

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 Rules on Automatic Stay of Arbitral Awards Under Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015. The Mere Filing of a Section 34 Petition Does Not Trigger Automatic Stay; Award-Holder Can Execute Unless Stay Granted.

3 Mar 2017

The snippet of the judgment deals with Chamber Summonses in Execution Applications arising from an arbitral award. The dispute involves Enercon GmbH a...

High Court

Madras High Court Dismisses Revision Petition to Strike Off Plaint in Injunction Suit — Order II Rule 2 CPC Bar Not Applicable as Cause of Action in Subsequent Suit is Different. The Court held that a subsequent suit for injunction based on a fresh cause of action is not barred by Order II Rule 2 CPC when the earlier suit was for declaration and injunction based on a different cause of action.

24 Feb 2026

The case involves a Civil Revision Petition filed under Article 227 of the Constitution of India by the Defendants in O.S. No.25 of 2023, seeking to s...

High Court

Bombay High Court Dismisses Revision and Writ Petitions in Property Dispute, Upholding Appointment of Court Receiver. Court holds that disputes regarding title and possession cannot be decided in summary proceedings and that appointment of receiver is a discretionary remedy to preserve property.

25 Apr 2023

The judgment arises from a property dispute concerning a piece of land in Mumbai. The original plaintiff, Amedmal Bhatewada (since deceased), filed a ...

High Court

Bombay High Court Dismisses Revision Against Execution of Foreign Court's Costs Order. Foreign judgment imposing costs is a decree enforceable under Section 44A of CPC, 1908, and the executing court cannot go behind the decree.

8 Apr 2013

The Petitioner, M/s. Alcon Electronics Pvt. Ltd., challenged an order dated 15th April, 2011 passed by the learned District Judge-2, Nashik, which rej...

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