Search Results for "plaint alone"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
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Search Results for "plaint alone"

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Supreme Court

Supreme Court Allows Appeal in Civil Revision Petition and Rejects Plaint Under Order VII Rule 11 CPC. Plaint Based on Agreement to Sell Held Barred by Law as Agreement Does Not Create Interest in Property Under Section 54 of Transfer of Property Act, 1882, and Injunction Suit Without Declaration of Title Not Maintainable When Title Disputed.

16 Apr 2025

The appeal arose from a civil revision petition challenging the High Court's dismissal of an application under Order VII Rule 11 CPC seeking rejection...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case: Order II Rule 2 CPC Bar Applies to Subsequent Suit for Specific Performance When Relief of Permanent Injunction Was Sought in Previous Suit. The Court held that the plaintiff's entitlement to seek specific performance existed at the time of the first suit, and failure to include it bars the second suit under Order II Rule 2 CPC.

17 Jan 2025

The dispute arose from an agreement for sale dated 24.01.2007 between M/s Chemplast Cuddalore Vinyls Limited (respondent no.1/original plaintiff) and ...

High Court

Bombay High Court Rejects Plaint in Commercial Summary Suit for Non-Compliance with Pre-Institution Mediation Under Section 12-A of Commercial Courts Act, 2015. The court held that the plaintiff failed to demonstrate genuine urgency to bypass mandatory pre-institution mediation, as the suit sought recovery of development management fees and security deposit without any specific instances of imminent threat.

11 Nov 2024

The plaintiff, Ekta Housing Private Limited, filed a Commercial Summary Suit against Shraddha Shelters Pvt. Ltd. and two individual guarantors for rec...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

High Court

Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

23 Mar 2022

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...

Supreme Court

Supreme Court Allows Appeal in Civil Suit for Declaration Regarding Cheque Security — Revisional Court's Order Rejecting Plaint Restored. The court held that a suit seeking declaration that a cheque was handed over as security is barred under Section 41 of the Specific Relief Act, 1963 and lacks cause of action, warranting rejection of plaint under Order VII Rule 11 CPC.

21 Mar 2022

The Supreme Court allowed the appeal filed by defendant no.1, M/s Frost International Limited, against the order of the Orissa High Court which had se...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Trial Court's Order on Court Fee Valuation in Partition Suit — Suit Properly Valued Under Section 35(2) of Karnataka Court Fees and Suits Valuation Act, 1958.

20 Feb 2018

The petitioners, defendant Nos. 3 and 4 in a partition suit (O.S. No. 53/2010) pending before the Principal Senior Civil Judge, Udupi, filed a writ pe...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Suit for Specific Performance and Injunction — Held that Plaint Discloses Cause of Action and is Not Barred by Limitation. The court held that the plaint cannot be rejected under Order VII Rule 11 CPC as the suit is within limitation and discloses a cause of action.

16 Jul 2016

The case involves a Notice of Motion filed by Defendant No. 11, Lily Realty Private Limited, in a suit for specific performance and injunction. The pl...

High Court

Bombay High Court Allows Rejection of Plaint Against Defendant Directors in NSEL Suit for Lack of Averments and Immunity Under IFC Act. The court held that vague allegations without specific averments do not constitute a cause of action, and an IFC employee is immune from suit for official acts under the International Finance Corporation (Status, Immunities and Privileges) Act, 1958.

23 Sep 2015

The Bombay High Court disposed of two notices of motion filed by Defendant Nos. 14 and 15 in a suit by National Spot Exchange Limited (NSEL) against v...

High Court

Bombay High Court Allows Amendment of Plaint and Impleadment of Parties in Property Dispute — Amendment Sought Before Commencement of Trial Allowed as No Prejudice Caused. Order VI Rule 17 CPC permits liberal amendment before trial; impleadment under Order I Rule 10 CPC allowed for complete adjudication.

1 Aug 2014

The plaintiffs, Sharayu Ramkrishna Mhatre and Anjali Deepak Karnik, filed a suit (Suit No. 1964 of 2012) in the Bombay High Court seeking a declaratio...

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