Search Results for "Rejection of plaint"

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Bombay High Court Allows Appeal in Partition Suit — Dispute Over Agricultural Land Between Brothers. Court Holds That a Suit for Partition Is Not Barred by Limitation When the Plaintiff Is in Joint Possession and the Property Is Ancestral.

The appellant, Shivaji Gopal Kurhade, filed a suit for partition and separate possession of ancestral agricultural land against his brothers and their...

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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit. Plaint Discloses Cause of Action and Suit Not Barred by Limitation Under Article 54 of Limitation Act, 1963.

The case involves an interim application filed by the defendants in a commercial suit for specific performance. The plaintiff, Rajdhani Textiles Pvt. ...

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Bombay High Court Allows Appeal Against Rejection of Plaint in Company Fraud Case. Civil Court Jurisdiction Not Barred Under Section 10GB of Companies Act, 1956 for Fraud Allegations.

The appellants, M/s. Candolim Developers Pvt. Ltd. and its director Sunil Thukral, filed a suit before the Civil Judge Senior Division, Panaji, seekin...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint for Non-Payment of Court Fees in Commercial Suit. Court upholds trial court's order rejecting plaint under Order VII Rule 11(c) CPC for failure to pay deficit court fees within extended time.

The appellant, Nine Media & Information Services Ltd., filed a commercial suit against multiple respondents including Hero Honda Motors Ltd. and other...

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Bombay High Court Dismisses Second Appeal in Gunthewari Regularization Dispute. Civil Court Jurisdiction Barred Under Section 18 of Maharashtra Gunthewari Development Act, 2001 for Challenging Regularization Order Under Section 3 of the Act.

The appellants, original plaintiffs, filed Regular Civil Suit No.185 of 2015 challenging an order of regularization dated 12.12.2006 passed under Sect...

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High Court Dismisses Union of India's Second Appeal in Salt Land Dispute — Civil Suit Barred Under Section 4(2) of Salt Act, 1882. Exclusive Jurisdiction of Salt Commissioner Precludes Civil Court from Entertaining Suit for Declaration of Title and Possession of Salt Land.

The Union of India, through the Deputy Salt Commissioner, filed a second appeal against the judgment of the District Judge, Thane, which confirmed the...

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Bombay High Court Allows Appeal in Copyright Infringement Case — Plaint Rejection Set Aside for Non-Application of Mind. Court holds that under Order VII Rule 11 CPC, only the plaint averments must be examined for cause of action, not their truthfulness.

The appellant, The Indian Performing Right Society Limited, filed a suit claiming damages for copyright infringement allegedly occurring at Kala Acade...