Search Results for "Cause of action"

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Search Results for "Cause of action"

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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

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 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 Petition of Complainant in MOFA Case — Sets Aside Sessions Judge's Order on Territorial Jurisdiction. The Court held that under Section 179 CrPC, the Magistrate at Mumbai had jurisdiction to try the offence under Section 13 MOFA read with Section 14, as the agreement was executed and consideration was paid in Mumbai.

3 Sep 2015

The petitioner, Dhirajlal P. Desai, was the original complainant who filed a complaint against respondent nos.2 to 6 alleging commission of an offence...

High Court

Bombay High Court Dismisses Revision by HPCL Against Rejection of Plaint Rejection Application in Suit for Declaration and Injunction. Lease Deed and Possession Do Not Bar Suit as Plaintiff Alleges Breach of Obligations by HPCL Regarding Change of Land Use and Construction of Petrol Pump.

27 Aug 2015

The case involves a Civil Revision Application filed by Hindustan Petroleum Corporation Limited (HPCL) challenging an order passed by the 6th Joint Ci...

High Court

Bombay High Court Allows Complainant in Dishonour of Cheque Cases, Holding That Territorial Jurisdiction Lies Where the Cheque Is Presented for Encashment Under Section 138 of the Negotiable Instruments Act, 1881. Cheques Payable at Par Confer Jurisdiction at the Drawee Bank Branch Where Presented.

7 Aug 2015

The petitioner, Helcino Aleixo Fernandes, a businessman residing in Majorda, Goa, filed nine complaints under Section 138 of the Negotiable Instrument...

High Court

Bombay High Court Allows Appeal Against Refusal of Leave Under Clause 12 Letters Patent — Holds That Regional Office of Defendant Company Confers Territorial Jurisdiction. The court clarified that the Explanation to Section 20 CPC does not override Clause 12 of the Letters Patent, and a defendant company carrying on business through a regional office in Mumbai can be sued there even if the cause of action arose elsewhere.

3 Aug 2015

The appellant, KPL International Limited, filed an appeal against the judgment and order dated 18 June 2015 of the learned Single Judge of the Bombay ...

High Court

Bombay High Court Allows Appeal Against Abatement of Suit in Property Dispute — Suit Not Abated as Cause of Action Survives Against Remaining Defendants. The court held that under Order 22 Rule 4 CPC, the death of one defendant does not abate the entire suit if the cause of action is joint and several and survives against other defendants.

31 Mar 2015

The appellants, Meera Vishwanath Patkar and Dhananjay Wadnerkar, filed a suit in the Civil Judge, Senior Division, Panaji, seeking a declaration that ...

High Court

Bombay High Court Allows Petition to Return Plaint for Lack of Jurisdiction in Summary Suit for Recovery of Money. Court holds that cause of action arose outside Mumbai and City Civil Court lacked territorial jurisdiction under Section 16 CPC.

10 Mar 2015

The petitioner, Naran Lala Pvt. Ltd., a company based in Navsari, Gujarat, challenged an order dated 25.11.2014 passed by the City Civil Court at Bomb...

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...

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