Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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Supreme Court

Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

9 Apr 2025

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

High Court

High Court of Karnataka Dismisses Second Appeal in Declaration Suit — Concurrent Findings of Ownership Upheld. Regular Second Appeal under Section 100 CPC fails as no substantial question of law arises from concurrent findings of fact regarding title and possession.

13 Jun 2025

The appellant, Somayya Belchada, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree...

High Court

Bombay High Court Allows Amendment of Plaint in Lease Dispute — Petitioner Seeks to Bring Subsequent Events on Record. Amendment Sought to Include Facts Regarding Dispossession After Filing of Suit, Held That Amendment Should Be Allowed as It Does Not Change Nature of Suit.

12 Oct 2006

The petitioner, Mohan s/o Maluram Agrawal, filed a suit for mandatory injunction against the respondents, Smt. Kaladevi wd/o Sawarmal Agrawal and Pras...

High Court

Bombay High Court Allows Amendment in Arbitration Application Under Section 9 of Arbitration Act — Petitioner Permitted to Amend Pleadings to Include Claim for Injunction Against Alienation of Partnership Property. Amendment under Order VI Rule 17 CPC allowed as it did not change nature of proceedings and was necessary to avoid multiplicity of litigation.

25 Nov 2014

The petitioner, Sanjay Suganchand Kasliwal, filed a writ petition challenging the rejection of his applications for amendment (Exh.35 and Exh.36) in a...

High Court

Bombay High Court Grants Interim Injunction in Design Infringement Suit — Registered Design for Mixer Grinder Knob Found Prima Facie Valid and Infringed. Court restrains defendant from manufacturing or selling mixer grinders with a knob that is a substantial reproduction of plaintiff's registered design under Section 22 of Designs Act, 2000.

17 Apr 2026

The plaintiff, Atomberg Technologies Private Limited, filed a suit for damages and injunction against Stove Kraft Limited, alleging infringement of it...

High Court

High Court of Karnataka Dismisses Revision Petition Against Rejection of Plaint Rejection Application in Damages Suit. Section 125 of Karnataka Co-operative Societies Act, 1959 does not bar civil suit for damages against co-operative society and its employees for acts outside the scope of the Act.

27 Nov 2024

The petitioner, defendant No.3 (Branch Manager of Karnataka State Co-operative Consumer's Federation Ltd.), filed a Civil Revision Petition under Sect...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Property Dispute. Res Judicata and Limitation Grounds Not Applicable as Earlier Co-operative Court Judgment Was Set Aside and Subsequent Civil Suit Involves Different Cause of Action.

22 Jan 2018

The petitioner, Ganesh Keshav Patole, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 30 March 2016 pa...

High Court

Bombay High Court Dismisses Petition Challenging Order Rejecting Application Under Order VII Rule 11 CPC in Suit for Declaration and Injunction — Petitioner Failed to Show That Plaint Did Not Disclose Cause of Action. The Court held that the plaint disclosed a cause of action as the plaintiff claimed to be a partner of the defendant No.2 firm and sought declaration of his share and injunction against his mother from interfering with the partnership business.

12 Apr 2018

The petitioner, Mrs. Gulshan Rohington Irani, who was the original defendant No.3 in a suit filed by her son Rayomand Rohinton Irani (respondent No.1)...

High Court

Madras High Court Allows Civil Revision Petition in Partition Suit — Sets Aside Dismissal of Application to Admit Additional Documents. Court holds that additional documents can be admitted at any stage if relevant for just adjudication, and that Order 7 Rule 14(3) CPC permits production of documents not earlier produced with due explanation.

6 Jan 2026

The case arises from a partition suit filed by the Plaintiff (Saraswathi) against her brother (first Defendant) and others. The Plaintiff claimed that...

High Court

Bombay High Court Allows Civil Revision Against Rejection of Plaint in Malicious Prosecution Suit — Acquittal in Section 138 NI Act Proceedings Does Not Automatically Furnish Cause of Action for Malicious Prosecution. The court held that a suit for malicious prosecution based solely on acquittal in proceedings under Section 138 of the Negotiable Instruments Act, 1881, without allegations of malice and lack of reasonable cause, is not maintainable and the plaint is liable to be rejected under Order VII Rule 11 CPC.

2 Jul 2026

The applicant, Abhijeet B. Chavan, filed a Civil Revision Application before the Bombay High Court challenging an order dated 2nd January 2024 passed ...

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