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Search Results for "Rejection of plaint"

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High Court

Bombay High Court Allows Rejection of Plaint in Electricity Supply Dispute — Holds that Disputes Between Licensees Fall Within Exclusive Jurisdiction of State Electricity Regulatory Commission Under Section 86(1)(f) of Electricity Act, 2003. The court interpreted the word 'and' in Section 86(1)(f) disjunctively, covering disputes between licensees inter se, and rejected the plaint under Order 7 Rule 11 CPC as the civil suit was barred.

28 Mar 2016

The plaintiff, Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL), a distribution licensee, filed a civil suit for damages against defendant...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Property Suit — Plaint Not Barred by Limitation or Res Judicata as Earlier Suit Was Withdrawn Without Liberty to File Fresh Suit.

26 Feb 2016

The applicant, original defendant No.1 in S.C.S. No.5055/2012, filed a civil revision application under Section 115 of the Code of Civil Procedure, 19...

High Court

High Court of Bombay at Goa Dismisses Civil Revision Against Rejection of Plaint in Mining Rejects Dumping Suit. Limitation and Jurisdiction Objections Not Decided at Preliminary Stage Under Order 7 Rule 11 CPC as Plaint Disclosed Continuing Cause of Action and Civil Court Jurisdiction.

5 Feb 2016

The respondent, Gurudas G. Pai, filed Special Civil Suit No.34/2011/A before the Civil Judge, Senior Division, Bicholim, against the petitioner, Ms. S...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Suit for Specific Performance and Injunction — Held that Plaint Discloses Cause of Action and is Not Barred by Limitation. The court held that the plaint cannot be rejected under Order VII Rule 11 CPC as the suit is within limitation and discloses a cause of action.

16 Jul 2016

The case involves a Notice of Motion filed by Defendant No. 11, Lily Realty Private Limited, in a suit for specific performance and injunction. The pl...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint in Recovery Suit — Plaint Discloses Cause of Action Under Order 7 Rule 11 CPC. The court held that the plaint contained specific averments regarding the contract, bills, and outstanding amount, thus disclosing a cause of action.

13 Jan 2016

The petitioner, M/s Cyrus Marine Services, filed a Civil Revision Application under Section 115 CPC challenging the order dated 02.11.2015 passed by t...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint Under Order 7 Rule 11 CPC — Plaint Discloses Cause of Action for Recovery of Money. The court held that only plaint averments are relevant for Order 7 Rule 11 CPC and the plaint clearly disclosed a cause of action for recovery of balance amount.

13 Jan 2016

The petitioner, M/s Cyrus Marine Services, filed a Civil Revision Application under Section 115 CPC challenging the order dated 02.11.2015 passed by t...

High Court

Bombay High Court Dismisses Municipal Corporation's Revision Against Rejection of Plaint Rejection Application in Lease Dispute. Suit for declaration of tenancy and injunction is not barred by Section 81-B of Maharashtra Municipal Corporations Act as Collector's order under Section 80 does not bar civil suit.

11 Dec 2015

The case involves a civil revision application filed by the Municipal Corporation of City of Jalgaon challenging an order of the Civil Judge, Senior D...

High Court

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

27 Oct 2014

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...

High Court

High Court of Bombay at Aurangabad Allows Revision Application in Civil Suit for Recovery of Rent — Order VII Rule 11 CPC Application for Rejection of Plaint Dismissed by Trial Court Set Aside. Plaint Rejected for Lack of Cause of Action as Lease Agreement Not Signed by Defendant.

18 Nov 2015

The petitioner, Indus Towers Limited, a company incorporated under the Companies Act, 1956, filed a Civil Revision Application under Section 115 of th...

High Court

Bombay High Court Allows Rejection of Plaint Against Defendant Directors in NSEL Suit for Lack of Averments and Immunity Under IFC Act. The court held that vague allegations without specific averments do not constitute a cause of action, and an IFC employee is immune from suit for official acts under the International Finance Corporation (Status, Immunities and Privileges) Act, 1958.

23 Sep 2015

The Bombay High Court disposed of two notices of motion filed by Defendant Nos. 14 and 15 in a suit by National Spot Exchange Limited (NSEL) against v...

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