Search Results for "Plaint averments"

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Bombay High Court Hears Appeals Against Interim Injunction in Enforcement of Foreign Judgment Suit; Prima Facie Case Not Established. The Single Judge's Order Granting Injunction Without Recording Findings on Essential Requirements Is Challenged Under Section 13 of the Code of Civil Procedure, 1908.

The matter arose from a suit filed by the respondents (plaintiffs) seeking enforcement of a foreign judgment dated 21 September 2010 from the District...

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Bombay High Court Upholds Trial Court's Order to Try Jurisdiction as Preliminary Issue in Contract Dispute. Exclusive jurisdiction clause in contract designating Mumbai courts does not automatically oust territorial jurisdiction of Aurangabad court without proper adjudication.

The petitioner, M/s Ghai Construction, filed a suit (Spl. C. S. No. 276 of 2009) in the Civil Court at Aurangabad for recovery of Rs. 652.06 Lakhs fro...

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Bombay High Court Dismisses Revision Against Order Rejecting Plaint in Trust Property Suit for Non-Compliance with Section 80 CPC. Suit Against Public Trust Without Statutory Notice Under Section 80 CPC is Not Maintainable and Plaint Must Be Rejected Under Order 7 Rule 11 CPC.

The case involves a civil revision application filed by the applicants (original plaintiffs) against an order of the trial court rejecting the plaint ...

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Bombay High Court Dismisses Petition Challenging Reference to Arbitration in Development Dispute. Presence of Non-Signatory CIDCO Does Not Bar Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 When No Claim Is Made Against It.

The petitioner, Shri Narayan Shankar Thakur, filed Special Civil Suit No.252 of 2008 seeking specific performance of a Development Agreement dated 14....

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Bombay High Court Dismisses Indian Oil Corporation's Revision Against Decree for Damages for Illegal Termination of Dealership. Court Upholds Concurrent Findings on Breach of Contract and Unjust Enrichment Under Section 115 CPC.

The case involves two civil revision applications filed by Indian Oil Corporation Ltd. (the applicant) against a common judgment and decree passed by ...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Gift Deed Cancellation Suit. Suit for Declaration that Gift Deed is Null and Void is Properly Valued Under Section 6(iv)(j) of Maharashtra Court Fees Act, 1959, Not Section 6(iv)(d).

The case involves a civil revision application filed by the defendant, Vasant Kisan Idhol, against an order of the trial court rejecting his applicati...

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Bombay High Court Dismisses Second Appeals in Specific Performance Suit — Upholds Concurrent Findings of Fact on Agreement to Sell and Possession. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and concurrent findings of fact are not perverse.

The case involves two second appeals arising from a common judgment of the appellate court in a suit for specific performance of an agreement to sell ...