Search Results for "Leave to sue"

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Search Results for "Leave to sue"

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Supreme Court

Supreme Court Allows Indigent Applicants to Pay Court Fees After Rejection of Indigency Application — Suit Deemed Instituted from Original Date. The Court held that while an indigency application can be rejected on grounds of no cause of action or bar by law, the plaintiff retains the right to pay court fees and proceed with the suit, and observations on merits at that stage are not final.

28 Jan 2022

The appellants, Solomon Selvaraj and others, filed a suit for declaration of title and recovery of possession before the Trial Court. Along with the s...

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 Grants Leave to Trustees to Prosecute Eviction Suit Despite Court Receiver's Appointment — Leave Held Not Required for Period When Receiver Was Not in Possession. The Court held that since the Court Receiver was never in actual possession of the suit flat, the Applicants did not require leave to continue the RAE Suit under Section 80 CPC.

16 Jun 2015

The Applicants, as Trustees under an Indenture of Trust dated 6th October 1937, are the owners and landlords of a building known as 'Dhun Abad' at 106...

High Court

Bombay High Court Refuses Leave Under Clause 12 of Letters Patent in Summary Suit for Recovery of Price of Goods — No Part of Cause of Action Arises Within Court's Jurisdiction. The court held that the making of contract and payment of advance in Bombay did not constitute part of cause of action where goods were to be delivered in Pune, applying A.B.C. Laminart v. A.P. Agencies.

19 Nov 2014

The petitioner, M/s. Polycab Wires Pvt. Ltd., filed a summary suit in the Bombay High Court against the respondent, M/s. Eta Engineering Pvt. Ltd., fo...

High Court

Bombay High Court Grants Leave Under Clause XII of Letters Patent, 1865 for Partition Suit Involving Immovable Property Outside Jurisdiction. Part of Cause of Action Within Jurisdiction Sufficient to Confer Jurisdiction Over Entire Suit.

11 Aug 2014

The plaintiff, Jaspal Sawhney, filed a petition seeking leave under Clause XII of the Letters Patent, 1865 to file a suit (L) No. 494 of 2014 against ...

High Court

Bombay High Court Dismisses Application for Revocation of Leave under Clause XII of Letters Patent in Bond Trustee Suit — Defendant No.3's Presence Not Necessary for Grant of Leave as Cause of Action Arises in Mumbai. The Court held that for grant of leave under Clause XII, it is sufficient if a part of the cause of action arises within the jurisdiction; it is not necessary that the cause of action must arise against each defendant.

16 Apr 2014

The Plaintiff, The Bank of New York Mellon, London Branch, filed a suit against Zenith Infotech Limited and others seeking to declare a transaction re...

High Court

Bombay High Court Revokes Leave Under Clause 12 of Letters Patent in Arbitration Matter — No Part of Cause of Action Arose Within Court's Territorial Jurisdiction. The court held that leave to sue cannot be granted when the entire cause of action arises outside the court's territorial limits, even if the arbitration clause is broad.

10 Oct 2013

The case involves a Chamber Summons filed by Narendra Gorani (Applicant) seeking revocation of leave granted under Clause 12 of the Letters Patent to ...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Revoke Leave Under Clause 12 of Letters Patent in Mortgage Suit. Part of Cause of Action Arose Within Jurisdiction as Loan Agreement and Assignment Deed Were Executed in Mumbai and Title Deeds Deposited There.

1 Oct 2013

The appellant, Deccan Chronicle Holdings Ltd., was the original First Defendant in a suit filed by PIL Industries Ltd. (the plaintiff) for recovery of...

High Court

Bombay High Court Allows Execution of Possession Decree Against Court Receiver Despite Lack of Prior Leave - Leave Can Be Granted Retrospectively to Prevent Multiplicity of Proceedings. The court held that the requirement of obtaining leave to sue a receiver is to prevent interference with the court's custody, and such leave can be granted even after the decree to avoid multiplicity of proceedings.

19 Jul 2013

The case involves an appeal against an order of a learned Single Judge granting leave to the first respondent (landlord) to implead the Court Receiver...

High Court

Bombay High Court Allows Appeal Against Injunction in Property Dispute Over Passage and Gate. Trial Court Failed to Consider Leave Application Under Order II Rule 2 CPC Before Granting Interim Relief.

25 Jul 2006

The appeal arises from a suit filed by Respondents 1 to 4 (plaintiffs) against the appellant (defendant No.1) and the Municipal Corporation (defendant...

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