Search Results for "Plaint averments"

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Bombay High Court Allows Revision Against Rejection of Plaint Rejection Application in Suit for Declaration and Possession — Limitation and Cause of Action Must Be Examined at Threshold Under Order VII Rule 11 CPC

The respondents (original plaintiffs) filed Special Civil Suit No. 691 of 1993 in 2013 seeking a declaration that a sale deed dated 13th December 1978...

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High Court of Karnataka Allows Second Appeal in Suit for Permanent Injunction — First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence. Adverse Possession Claim Fails as Appellants Failed to Prove Continuous Hostile Possession for Over 12 Years Under Section 100 CPC.

The present appeal under Section 100 of the Code of Civil Procedure, 1908, arises from a suit for permanent injunction filed by the original plaintiff...

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Bombay High Court Rejects Jurisdictional Challenge in Admiralty Suit Filed Without Vessel in Territorial Waters. Suit Held Maintainable When Arrest Warrant Executed upon Vessel's Subsequent Arrival, Following Geetanjali Woolen Precedent.

The case involves an admiralty suit in rem filed by Great Pacific Navigation (Holdings) Corporation Limited, a Hong Kong company, against the vessel M...

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High Court of Karnataka considers maintainability of suit for declaration of caste and mother tongue after reconversion to Hinduism. Civil court's jurisdiction to declare caste and direct correction of school records examined in light of Karnataka Act of 1990.

The case arose from a suit filed by the plaintiffs, who originally belonged to the Thevar caste and Tamil mother tongue, later converted to Islam, and...

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Bombay High Court Appeal Against Interim Injunction Restraining Development of Bandra Property — Purchaser Challenges Restraint Order Based on Claim That Order Causes Absolute Prejudice.

The judgment arises from an appeal before the Bombay High Court against an interim order passed by a learned Single Judge in a notice of motion in a s...

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High Court of Bombay Considers Challenge to Interim Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996. Court Prima Facie Finds Interim Award Passed Without Considering Entire Pleadings and Grants Stay of Enforcement.

The matter involved two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an interim award dated...