Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

Bombay High Court Allows Amendment of Plaint in Construction Dispute — Order 6 Rule 17 CPC. Trial Court Erred in Rejecting Amendment on Grounds of Jurisdiction and Merits, Which Are Matters for Trial.

7 Sep 2012

The petitioner, Mr. Jeremias Serafino Basilio Rodrigues, filed a suit against M/s. P.V. Builders seeking a permanent injunction to restrain constructi...

High Court

Bombay High Court Allows Appeal Against Return of Plaint in Possession Suit - Trial Court Erred in Holding Lack of Territorial Jurisdiction Without Considering Pleadings on Cause of Action. The court held that under Order VII Rule 10 CPC, the entire plaint must be considered to determine jurisdiction, and part of cause of action arising within jurisdiction is sufficient.

6 Jul 2006

The appellants (original plaintiffs) filed a suit in the Bombay City Civil Court seeking a permanent and temporary injunction to restrain the responde...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection in Pre-emption Suit — Limitation is Mixed Question of Law and Fact. The court held that whether the suit is barred by limitation under Article 97 of the Limitation Act, 1963 is a mixed question of law and fact, and the plaint cannot be rejected under Order 7 Rule 11 CPC.

7 Jan 2014

The case involves a civil revision application filed by the original defendant nos. 2 and 3 (petitioners) against the rejection of their application u...

High Court

Bombay High Court Dismisses Appeal Against Return of Plaint for Lack of Territorial Jurisdiction in Suit for Declaration and Injunction Regarding Association Name and Monogram. Court holds that under Section 20 of the Code of Civil Procedure, 1908, jurisdiction is determined by the location of the defendant's residence or the cause of action, and mere authorization to file suit does not confer jurisdiction.

2 Apr 2014

The appellant, Akhil Bhartiya Grahak Panchayat, a society registered under the Societies Registration Act, 1860 with its registered office in Delhi, f...

High Court

Bombay High Court Dismisses Petition Challenging Cooperative Society's Bye-Law Amendment and Election Process. Court upholds Registrar's approval of bye-law amendment and election schedule, finding no violation of natural justice or statutory provisions under Maharashtra Cooperative Societies Act, 1960.

19 Dec 2025

The petitioner, The Bank of India Staff Panchsheel Cooperative Housing Society Limited, filed a writ petition challenging the order dated 30th Septemb...

High Court

Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Courts Below on Title and Possession. The court held that the appellant failed to prove title and possession over the suit property, and the findings of fact by the lower appellate court were not perverse or based on no evidence.

30 Nov -0001

The case involves a property dispute where the appellant, Xec Mohidin (since deceased, represented by his heirs), filed a second appeal against the ju...

High Court

Bombay High Court at Goa Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Courts Below. The court held that the appellants failed to prove their title and possession over the suit property, and the findings of fact by the lower appellate court were not perverse or based on no evidence.

30 Nov -0001

The case involves two second appeals filed by the appellants against the judgment and decree of the District Judge, South Goa, Margao, in Regular Civi...

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

Gujarat High Court Allows Appeal in Tenancy Dispute, Remands Suit for Fresh Consideration Due to Procedural Irregularities. Trial Court's Failure to Consider Evidence and Frame Issues Vitiated the Judgment Under Section 96 of Code of Civil Procedure, 1908.

29 Jan 2026

The case involves a first appeal filed under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 07.04.2024 pas...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Title Dispute Involving Multiple Previous Suits. Court Examines Maintainability Under Order 2 Rule 2 CPC and Relief Requirements Under Section 34 of Specific Relief Act, 1963 Regarding Declaration Without Consequential Possession.

16 Feb 2026

The dispute originated from a property suit O.S.No.156/2010 filed by seven plaintiffs seeking declaration of title and permanent injunction regarding ...

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