Search Results for "Plaint as a Whole"

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Bombay High Court Allows Appeal in Copyright Infringement Case — Plaint Rejection Set Aside for Non-Application of Mind. Court holds that under Order VII Rule 11 CPC, only the plaint averments must be examined for cause of action, not their truthfulness.

The appellant, The Indian Performing Right Society Limited, filed a suit claiming damages for copyright infringement allegedly occurring at Kala Acade...

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Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11(a) CPC — Cause of Action Disclosed. Plaint Cannot Be Rejected Merely Because Judge Thinks Plaintiff May Not Succeed; Defence Not Material at This Stage.

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court rejecting the plaint under Order VII Rule 11(a) of the Code of Ci...

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Bombay High Court Allows Writ Petition Challenging Rejection of Plaint in Suit for Declaration and Injunction — Trial Court Erred in Dismissing Suit Under Order VII Rule 11 CPC Without Considering Plaint as a Whole and Without Trial on Issues of Title and Possession.

The petitioners (plaintiffs) filed a suit for declaration and permanent injunction in the Civil Judge, Junior Division, Salcete, claiming that they we...