Search Results for "Plaint averments"

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Search Results for "Plaint averments"

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High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Cancellation of Release Deed — Plaint Not Liable for Rejection Under Order VII Rule 11 CPC as Cause of Action Disclosed. Allegations of Fraud and Misrepresentation in Obtaining Release Deed Constitute a Valid Cause of Action, and the Court Cannot Look into Defense at the Stage of Order VII Rule 11 CPC.

23 Jun 2023

The case arises from a civil suit filed by the plaintiff (respondent herein) seeking cancellation of a registered release deed dated 01.07.2019, alleg...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Rejects Plaint for Non-Disclosure of Cause of Action and Barred by Limitation. Order VII Rule 11(a) and (d) CPC applied to plaint seeking declaration of title and possession based on unregistered sale deed and unproven will.

23 Jul 2021

The petitioner, Sri P.R. Chenna Reddy, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC), challenging the o...

High Court

Bombay High Court Allows Amendment of Plaint in Passing Off Suit Under Order 6 Rule 17 CPC — Assignment of Trade Mark to Third Party Constitutes Subsequent Event Justifying Impleadment and Amendment. The court held that amendment is necessary for effective adjudication and does not change the nature of the suit.

2 Feb 2005

The plaintiff, Rasiklal Manikchand Dhariwal, Karta of M/s. R.M. Dhariwal (HUF) and others, filed a suit (Suit No. 574 of 2004) against Kishore Washwan...

High Court

High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Bar Association Election Dispute. Order 7 Rule 11 CPC Application Rejected as Plaint Disclosed Cause of Action and Was Not Barred by Law.

28 Jan 2020

The case involves a civil revision application filed by the applicant (original defendant No.2) challenging an order dated 18/11/2019 passed by the Co...

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Declaration of Ownership — Rejection of Plaint Application Under Order VII Rule 11 CPC Properly Refused as Plaint Discloses Cause of Action. The trial court's refusal to reject the plaint was upheld because the plaint disclosed a cause of action and issues of limitation and valuation were mixed questions of fact and law.

4 Jun 2015

The petitioners, who were the defendants in the trial court, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (C...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Waqf Property Dispute. Order VII Rule 11(d) CPC Application Rejected as Plaint Disclosed Cause of Action and Limitation Was a Mixed Question of Fact and Law.

23 Apr 2021

The case involves a Civil Revision Application filed by Aurangabad Smart City Development Corporation Limited and the Municipal Corporation, Aurangaba...

High Court

NOTICE OF MOTION NO.955 OF 2018

2 May 2019

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High Court

High Court of Bombay Considers Interim Motions in Suit by Foreign Trustees for Recovery of Assets Allegedly Concealed in India. The Court Examines Whether Plaintiffs Have Made Out Prima Facie Case for Disclosure and Deposit Orders Based on US Bankruptcy Court Findings.

8 Dec 2005

The suit was filed by ITC Ltd., acting as trustees in bankruptcy of Suresh Chitalia, Devang Chitalia, EST Fibres Inc., and Lokman Establishment, to re...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Genuine and Enforceable. Court upholds trial court's finding that the plaintiff failed to discharge burden of proving the agreement and readiness and willingness to perform.

30 Nov -0001

The appellant, Merit Magnum Constructions (formerly Vimal Buildings), a partnership firm, filed a suit for specific performance of an agreement to sel...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Permanent Injunction Suit — Plaint Cannot Be Rejected Under Order 7 Rule 11 CPC on Grounds Not Apparent from Plaint Alone. Suit for Injunction Based on Possession Is Maintainable Even Against BDA If Plaintiff Claims Possession Prior to Acquisition.

1 Apr 2016

The appellant, Smt. N. Triveni, filed a Regular First Appeal under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure, 1908 (CPC), ch...

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