Search Results for "order 7 rule 11"

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Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
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Search Results for "order 7 rule 11"

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High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Plaint in Real Estate Dispute — RERA Bar Under Section 79 Applies to Civil Suits for Possession and Damages. The court held that a civil suit for possession and damages against a developer is barred by Section 79 of the Real Estate (Regulation and Development) Act, 2016, as the dispute falls within the purview of the Real Estate Regulatory Authority.

20 Dec 2024

The case involves a dispute between M/s H.M. Infra Tech Pvt. Ltd. (formerly a partnership firm) and the H.M. Tamborine Apartments Owners Association a...

High Court

High Court of Karnataka Allows Revision Petition Against Rejection of Plaint in Suit for Declaration and Injunction — Mutt's Suit Not Barred by Limitation or Res Judicata. The court held that Order 7 Rule 11 CPC requires consideration only of plaint averments, and the suit cannot be rejected on limitation or res judicata unless the plaint itself clearly shows the bar.

24 Jun 2024

The petitioner, Shri Admar Mutt Kaliya Mardana Krishna Devaru, represented by its Peethadhipathi, filed a Civil Revision Petition under Section 115 of...

Supreme Court

Supreme Court Dismisses Landlord's Appeal in Eviction Petition Under Delhi Rent Control Act, 1958 Due to Res Judicata. The Second Eviction Petition Was Barred as the First Petition's Dismissal for Failure to Prove Landlord-Tenant Relationship Constituted a Decision on Merits Under Order 17 Rule 3 CPC, Attaining Finality Under Section 11 CPC.

29 Mar 2023

The appeal originated from an eviction petition under the Delhi Rent Control Act, 1958. The appellants, as landlords, filed a second eviction petition...

Supreme Court

Supreme Court Allows Civil Suit and Sets Aside High Court Order Rejecting Plaint Under Order 7 Rule 11 CPC. The Court Held That Defendants Cannot Take Contradictory Stands on Jurisdiction Under the Doctrine of Approbate and Reprobate, Preventing the Plaintiff from Being Left Remediless Under Section 257 of the M.P. Land Revenue Code, 1959.

23 Mar 2022

The dispute originated when the plaintiff filed proceedings before the Revenue Authority under Section 250 of the M.P. Land Revenue Code, 1959. The de...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Case Upholding Rejection of Plaint Under Order 7 Rule 11 CPC. The Court Held That Res Judicata Cannot Be Determined in an Order 7 Rule 11 Application as It Requires Examination of Previous Suit Records Beyond Plaint Averments Under the Code of Civil Procedure, 1908.

9 Aug 2021

The appeal arose from a judgment of the High Court of Karnataka dismissing a revision petition against an order of the Trial Court that rejected an ap...

Supreme Court

Supreme Court Upholds Rejection of Plaint in Civil Suit Due to Failure to Seek Necessary Declarations Under Specific Relief Act. The suit was barred under Section 34 of the Specific Relief Act, 1963, as the plaintiff admitted executing sale deeds as security but did not seek declarations regarding their validity, leading to rejection under Order 7 Rule 11(d) of the Code of Civil Procedure, 1908, with no amendment permitted after rejection.

20 Jul 2021

The dispute originated from a suit filed by the plaintiff (appellant) against multiple defendants (respondents) concerning property transactions and a...

Supreme Court

Supreme Court Allows Plaintiff's Appeal in Suit for Declaration and Injunction — Order 7 Rule 11 CPC Application Dismissed as Pleas Should Be Raised in Written Statement. The Court held that the defendants' objections did not warrant rejection of plaint and directed trial on merits.

19 Aug 2019

The Supreme Court of India heard cross-appeals arising from a civil suit filed by Alpana Gupta (plaintiff) against APG Towers Pvt. Ltd. and another (d...

Supreme Court

Supreme Court Allows Appeal, Rejects Plaint in Gift Deed Challenge Due to Limitation Bar. Registered Gift Deed Executed in 1981 Challenged After 22 Years; Suit Held Barred by Article 59 of Limitation Act, 1963.

26 Feb 2019

The Supreme Court allowed the appeal filed by the original defendant, Raghwendra Sharan Singh, against the judgment of the Patna High Court which had ...

High Court

Bombay High Court Dismisses Suit as Barred by Res Judicata in Trademark Infringement Dispute. Prior Consent Terms and Withdrawal of Earlier Suit Operate as Res Judicata Under Section 11 CPC.

18 Nov 2016

The plaintiffs, Rasiklal Manikchand Dhariwal and others, filed a suit alleging infringement of their registered trademark 'MANIKCHAND' and passing off...

High Court

Bombay High Court Allows Writ Petition Challenging Trial Court Order on Court Fees and Impleadment in Will Dispute. Court holds that for a simplicitor declaratory suit with injunction, court fee is payable under Section 6(iv)(j) of the Bombay Court Fees Act, 1959 on the market value of the property only if the plaintiff is not in possession, and that the trial court cannot direct impleadment of all legal heirs and beneficiaries at the stage of court fee determination.

17 Oct 2016

The petitioners, who are plaintiffs in a civil suit, challenged a common order dated 12.11.2013 passed by the trial Court below Exh. Nos. 66, 80 and 8...

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