Search Results for "Plaint averments"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Plaint averments"

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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 ...

High Court

Madras High Court Rehears Interlocutory Applications in Trademark Dispute for Interim Injunction. Court Directed to Apply Trinity Tests and Consider Section 12-A Compliance and Order 2 Rule 2 Bar After Remand by Division Bench.

5 Feb 2025

The Madras High Court reheard two interlocutory applications in a commercial suit involving a trademark dispute over the 'Massey Ferguson' brand. Trac...

High Court

High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

19 Sep 2016

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

High Court

Bombay High Court Dismisses Admiralty Suit by Consignee for Non-Delivery of Goods; Dubai Court Order Frustrated Contract of Affreightment. Non-delivery was due to a Dubai Court order attaching the cargo, which frustrated the contract of affreightment, absolving the defendants of liability.

13 Feb 2006

The case involved an admiralty suit filed by Bhatinda Chemicals Ltd., the consignee, against the vessel m.v. 'X-PRESS NUPTSE' and its owners, Fintas S...

High Court

High Court of Bombay Dismisses Writ Petition Challenging Eviction Decree Under Section 13(1)(k) of Bombay Rent Act. Concurrent Findings of Non-User of Suit Premises Upheld as Evidence Established Disuse for Continuous Six Months Without Reasonable Cause.

19 Aug 2005

The judgment arose from a writ petition under Article 227 of the Constitution of India challenging concurrent eviction decrees passed by two courts be...

High Court

Bombay High Court Dismisses Vessel Owner's Application for Release of Arrested Vessel Due to Repeated Breach of Undertakings and Contempt of Court. Auction Purchaser's Application for Confirmation of Sale Allowed as Vessel Owners Failed to Furnish Security in Time.

24 Mar 2021

The case involves a commercial admiralty suit filed by GAC Shipping (India) Pvt Ltd & Anr against MV Golden Pride & Ors. The vessel was arrested. The ...

High Court

Bombay High Court Upholds Specific Performance of Development Agreement in Favor of Purchasers. Agreement for Development Treated as Agreement for Sale Under Specific Relief Act, 1963 as Essential Terms Constitute Sale of Immovable Property.

18 Jul 2012

The appellants, original defendants, were the owners of a property in Pune. They executed a development agreement dated 18th October 2007 in favor of ...

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