Search Results for "defective pleading"

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Search Results for "defective pleading"

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High Court

High Court of Judicature at Bombay Decides Two Notices of Motion in Property Trespass Suit Alleging Defective Verification and Improper Institution of Plaint. The Court Examines Whether Plaint Filed by Constituted Attorney Without Personal Knowledge and on Unstamped Power of Attorney Should Be Rejected Under Order VII Rule 11 CPC and Maharashtra Stamp Act.

6 Sep 2019

The suit was filed by Sheikhah Fedi ah Saad Al - Abdullah Al - Sabah against Sanjay Mishrimal Punamiya and others alleging trespass into suit premises...

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

Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

4 Mar 2014

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...

High Court

Bombay High Court Considers Application for Dismissal of Election Petition for Non-Compliance with Section 83 of Representation of the People Act, 1951. The court examines whether the failure to file an affidavit in Form 25 along with the petition alleging corrupt practices within the 45-day limitation period mandates dismissal under Section 86 or Order VII Rule 11 of the Code of Civil Procedure.

8 Nov 2006

The dispute arose from an election petition filed under Section 80 of the Representation of the People Act, 1951, challenging the election of responde...

High Court

Bombay High Court Allows Amendment of Written Statement to Add Legal Submission on Non-Joinder of Necessary Party in Copyright Infringement Suit. The court permitted the defendant to amend its written statement to raise a legal submission that the suit is bad for non-joinder of a necessary party, based on facts already pleaded.

24 Sep 2014

The case involves a Chamber Summons filed by the defendant in a copyright infringement suit seeking to amend its written statement. The plaintiff, Ult...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Patent Infringement Suit — Director's Authority to Sue Not Barred by Absence of Board Resolution at Plaint Stage. The court held that Order 29 Rule 1 CPC allows a director to sign and verify pleadings, and the absence of a board resolution is not a ground for rejection under Order 7 Rule 11(d) CPC.

2 Sep 2014

The appellant, M/s. Alcon Electronics Pvt. Ltd., filed a suit against the respondent, Celem S.A., in the District Court at Nashik seeking a declaratio...

High Court

High Court of Karnataka Allows Appeal Filed by Defendants Against Decree Setting Aside Earlier Partition Decree on Grounds of Limitation and Failure to Plead Fraud. Suit for Setting Aside Decree on Fraud Allegations Dismissed as Time-Barred Under Article 123 of Limitation Act, 1963, and for Lack of Material Particulars of Fraud.

27 Nov 2019

The appeal arose from a suit for declaration and setting aside a preliminary decree passed in an earlier partition suit. The original suit had been fi...

High Court

Bombay High Court Dismisses Election Petition for Non-Compliance with Mandatory Requirements of Section 81(3) of the Representation of the People Act, 1951 — Defect in Attestation of Affidavit and Failure to Serve Copy on Returned Candidate Renders Petition Void.

20 Nov 2025

The present matter arises out of an election petition filed by Sulakshana Raju Dhar (the petitioner) challenging the election of Anna Dadu Bansode (Re...

High Court

Bombay High Court Dismisses Bank's Appeal Against Refusal to Reject Plaint Under Order VII Rule 11 CPC; Holds Suit Not Barred by Section 34 of SARFAESI Act. Plaintiffs, Claiming Independent Rights as Co-owners and Not Being Parties to Loan/Mortgage Transaction, Could Not Be Barred Under Section 34 as Their Suit Challenges Mortgage Validity Only Against Their Share, Not the Securitization Process Itself.

8 Dec 2010

The dispute arose from a loan transaction between State Bank of India (appellant/first defendant) and Crosslink Shipbreakers (P) Ltd. (principal borro...

High Court

Bombay High Court Dismisses Application to Reject Election Petition Under Order VII Rule 11 CPC. Court Finds Petition Discloses Cause of Action and Material Facts for Corrupt Practices Allegations Under Representation of People Act, 1951.

6 May 2011

The proceeding arose from an election petition filed under the Representation of People Act, 1951, challenging the election of the returned candidate ...

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