Search Results for "long cause suit"

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Search Results for "long cause suit"

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High Court

Bombay High Court Dismisses Suit for Declaration of Trust in Family Property Dispute — Plaintiff Fails to Prove Oral Trust or Fiduciary Relationship Under Indian Trusts Act, 1882. Court holds that mere family relationship does not create a trust and that suit under Section 92 CPC requires specific allegations of breach of trust.

30 Nov -0001

The plaintiff, Sabita Rajesh Narang, filed a suit against her brother Sandeep Gopal Raheja and other family members and companies, seeking a declarati...

High Court

Gujarat High Court Dismisses Appeal Against Rejection of Plaint in Property Suit — Suit Barred by Limitation and Res Judicata. Order VII Rule 11 CPC Application Allowed as Plaint Discloses No Cause of Action and is Time-Barred.

19 Jan 2026

The present appeal was filed by the original plaintiff against the order of the trial court dated 01.10.2025 rejecting the plaint in Special Civil Sui...

High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Recovery of Magnetite Powder Price. The court held that triable issues existed but the defendant's defence was not wholly bona fide, warranting security under Order 37 Rule 3(5) CPC.

5 Jan 2011

The judgment concerns two writ petitions arising from a summary suit for recovery of Rs. 38,89,674.14 filed by the plaintiff (M/s. Parijat Enterprises...

High Court

Bombay High Court Allows Tenant's Application for Leave to Defend in Eviction Suit — Tenant's Affidavit Disclosing Triable Issues Regarding Bona Fide Requirement and Subletting Warrants Unconditional Leave. The court held that under Order 37 Rule 3(5) CPC, leave to defend must be granted if the affidavit raises triable issues, and the tenant's claim of tenancy and lack of bona fide requirement constituted such issues.

8 Jan 2019

The plaintiff, Sushilarani Baburao Patel, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Geeta Patel...

High Court

Bombay High Court Allows Amendment of Plaint in Property Dispute Between Siblings. Court holds that amendment seeking to add alternative claim for partition and separate possession does not change the nature of the suit and is necessary for effective adjudication.

11 Apr 2014

The petitioners, Barkatali Abdul Razzak Kazi, Noorjahan Gafoor Shijwalkar, and Aishabi Jabbar Thakur, filed a writ petition in the Bombay High Court c...

High Court

Bombay High Court Dismisses Appeal in Trademark Dispute Over 'Anna' for South Indian Eateries - Prior User Fails to Establish Infringement Due to Generic Nature of Mark. The court held that the word 'Anna' is generic and cannot be exclusively appropriated, rejecting the claim of trademark infringement and passing off under the Trademarks Act, 1999.

30 Nov 2023

The dispute arose between two eatery owners in Pune over the use of the word 'Anna' in their restaurant names. The Appellant-Plaintiff, Shantapa alias...

High Court

Bombay High Court Allows Second Appeals in Property Dispute, Remands for Fresh Consideration on Issue of Limitation and Adverse Possession. The court held that the lower appellate court failed to properly analyze evidence regarding the starting point of limitation under Article 65 of the Limitation Act, 1963, and the plea of adverse possession.

30 Nov -0001

The case involves a property dispute in Velim, Goa. The appellants (legal heirs of Egidio Joaquim Fernandes and others) filed a suit for possession of...

High Court

Gujarat High Court Dismisses Tenant's Revision in Rent Arrears Case — Tenant Failed to Pay Rent Despite Notice Under Section 12(2) of Bombay Rent Act. Eviction Decree Confirmed as Tenant's Default Attracts Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

5 Jan 2026

The case involves a civil revision application under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (the Rent Act)...

High Court

Bombay High Court Holds Executors Entitled to Evict Gratuitous Licensee from Flat Bequeathed Under Will. The court ruled that the defendant, a step-grandson occupying Flat No.501 as a family member, was a gratuitous licensee and not a tenant, and the civil court had jurisdiction to entertain the suit for possession.

15 Oct 2013

The suit was filed by the plaintiffs, John Francis Anthony Gonsalves and Charles Willibroad Gonsalves, who are brothers and executors of the will of t...

High Court

Bombay High Court Dismisses Tenants' Revision in Eviction Suit Based on Bona Fide Requirement — Concurrent Findings of Courts Below Upheld. Subsequent Induction of New Tenant in Adjacent Shop Not Relevant as It Was Not Part of Suit Property.

6 Sep 2019

The case involves a suit for eviction filed by the owners (plaintiffs) against the tenants (defendants) in respect of two shops, on the ground of bona...

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