Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

Madras High Court Dismisses Revision Petitions Challenging Orders on Impleading and Rejection of Plaint in Suit for Specific Performance — Held That Trial Court's Discretionary Orders Under Order 1 Rule 10 CPC and Order 7 Rule 11 CPC Are Not Interfered With Under Article 227.

24 Feb 2026

The case involves two Civil Revision Petitions filed under Article 227 of the Constitution of India, 1950, arising from a suit for specific performanc...

High Court

Bombay High Court Dismisses Passing Off Injunction in Pharmaceutical Trademark Dispute Due to Delay and Acquiescence. Similarity of marks alone insufficient for interim relief when defendant has used its registered mark for nearly a decade without evidence of confusion.

15 Mar 2017

The plaintiff, Torrent Pharmaceuticals Ltd, filed a suit for trademark infringement and passing off against Wockhardt Ltd and Overseas African Remedie...

High Court

High Court of Karnataka Allows Husband's Petition to Reject Wife's Suit Challenging Divorce Decree — Family Court's Order Set Aside for Lack of Jurisdiction Under Section 7 of Family Courts Act. The Family Court lacks jurisdiction to entertain a suit for declaration that its own decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, is null and void; the proper remedy is appeal.

17 Nov 2014

The petitioner, Chethan D.S., and the respondent, Manjushree N.T., were married on 5 September 2010. Differences arose, and they separated after about...

High Court

High Court of Karnataka Hears Appeals Against Rejection of Interim Injunction in Civil Suit Pertaining to Society Dispute. Appeals Filed Under Order 43 Rule 1(r) CPC Challenging Trial Court's Order Declining to Grant Temporary Injunction Against Alleged Illegal Resolution of Rajya Vokkaligara Sangha.

7 Jul 2023

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High Court

Bombay High Court Dismisses Suit by Indian Agent Against Italian Principal for Lack of Territorial Jurisdiction and Failure to Prove Defective Machinery Claim. Dispute Over Commission and Damages Dismissed as Contracts Contained Exclusive Jurisdiction Clause in Favor of Turin Courts and Plaintiff Failed to Prove Defect or Entitlement Under Novated Agreement.

20 Sep 2010

The dispute arose from a commercial agency relationship between an Indian company and an Italian company for the sale and distribution of equipment in...

High Court

Bombay High Court Allows Petition Against Rejection of Order VII Rule 11 Application in Counter-Claim for Possession Based on Leave and License Agreement. The court held that the civil court lacks jurisdiction to entertain a counter-claim based on a leave and license agreement due to the bar under Section 47 of the Maharashtra Rent Control Act, 1999, and that valuation and court fees must be determined based on the relief claimed.

11 Nov 2024

The petitioner, original plaintiff, filed a suit for specific performance of contract against the respondent. The respondent filed a written statement...

High Court

Bombay High Court Allows Writ Petition Challenging Transfer of Suit for Specific Performance on Ground of Territorial Jurisdiction. Agreement Executed at Aurangabad Confers Jurisdiction Under Section 20(c) CPC, Despite Property Being in Vaijapur.

20 Feb 2024

The petitioners, original plaintiffs, filed a suit for specific performance of contract of sale and perpetual injunction in the Court of Civil Judge S...

High Court

Bombay High Court Allows Plaintiff to Delete Prayers for Attachment Before Judgment in Commercial Summary Suit — Amendment Held Not to Prejudice Defendants' Right to Defend as Framed.

3 May 2021

The plaintiff, Jwaladutta Jankidas HUF, filed a commercial summary suit against the defendants, Jayant Bhavanji Soni and another, seeking certain reli...

High Court

Bombay High Court Allows Appeal Against Remand Order in Partnership Dispute — Unregistered Partnership Bar Under Section 69(2A) of Indian Partnership Act, 1932 Applies to Suit for Accounts and Dissolution. The court held that the trial court must frame and decide the preliminary issue of maintainability under Section 69(2A) before proceeding with the suit.

11 Jul 2011

The appeal arose from a suit filed by the plaintiff (Respondent No.1) against the defendants (Appellants) seeking accounts and dissolution of an unreg...

High Court

Bombay High Court Dismisses Second Appeal in Cooperative Bank Dispute — Civil Court Lacks Jurisdiction Due to Absence of Fraud Allegations. Jurisdictional bar under Cooperative Societies Act upheld as plaint lacked particulars of fraud.

30 Nov 2011

The appellants, Durga Premanand Navelkar and Premanand Ganesh Prabhu Navelkar, filed a suit against the Goa Urban Co-operative Bank Limited and its of...

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