Search Results for "Rule 11"

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"Supreme Court Upholds Restoration of Suit for Specific Performance Despite Initial Procedural Dismissal: Cause of Action Distinction Under Order II Rule 2 CPC Clarified" "Procedural bars must yield to substantive justice when causes of action in separate suits are distinct."

1. Delay Condonation and Leave Granted The Supreme Court condoned the delay in filing the Special Leave Petitions (SLPs) and granted leave to appea...

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Supreme Court Allows Appeal in Commercial Suit for Non-Compliance with Mandatory Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015. Suit Filed Without Exhausting Mediation Is Not Maintainable and Plaint Liable for Rejection Under Order VII Rule 11(d) CPC.

The Supreme Court allowed the appeal filed by M/s Dhanbad Fuels Private Limited against the Union of India and another, setting aside the judgment of ...

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Supreme Court Dismisses Petitions Against Rejection of Order VII Rule 11 CPC Application in Partition Suit — Benami Act Bar Not Attracted Where Plaint Alleges Joint Family Property

The Supreme Court dismissed two special leave petitions challenging the concurrent rejection of an application under Order VII Rule 11 of the Code of ...

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Bombay High Court Decides on Election Petition Challenging 18th Lok Sabha Results from Mumbai North-West Constituency. Justice Amidst Narrow Margins: Upholding the Electoral Process

The Bombay High Court examined the maintainability of an election petition under the Representation of People Act, 1951, challenging the election resu...

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"Writ Petition Seeking Correction of Promotion Date Dismissed Due to Delay and Laches" "Bombay High Court reaffirms the principle that delay defeats equity in service matters."

Introduction (Paras 1-4): The petitioner, an 81-year-old retired customs officer, challenged the Central Administrative Tribunal's (CAT) dismissal of...

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Conditional Guarantee Found Inoperative in Absence of CDR Approval. No life to a contract where pre-conditions remain unmet, rules Bombay High Court.

The suit revolves around whether the Deed of Guarantee executed by the plaintiff, Mr. Deepen Arun Parekh, became operative. The court held that the gu...

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Supreme Court Sets Aside Specific Performance in a Property Dispute. Equitable relief denied due to buyer's conduct and financial incapacity.

The Supreme Court of India,  overturned the High Court's decree for specific performance. The Court restored the Trial Court's decision dismissing t...

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"Admissibility of Counter-claims and Jurisdiction: High Court Quashes Trial Court Order" "Upholding jurisdictional boundaries and procedural precision in civil litigation."

1. Background of the Case: Petitioner: Filed a suit for specific performance of contract. Respondent: Filed a counter-claim asserting possession a...

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"High Court's Jurisdiction Clarified in Testamentary Matters" "Concurrent Jurisdiction Explored with Key Clarifications on Succession Act Provisions"

This judgment addresses the jurisdiction of the Bombay High Court in entertaining a petition for the grant of Letters of Administration concerning pro...