Search Results for "right to sue"

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Limitation Act, 1963 – Article 113 – Right to sue accrued when the default in payments occurred – Declaration as a defaulter does not extend limitation period – Suit for recovery of membership dues held time-barred.

a. Cause of action arose when the default in payment occurred, not when the respondents were declared defaulters.b. Suit filed beyond three years from...

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The Court Held That the Plaintiff Deserved an Opportunity to Adduce Evidence, and the Rejection of the Plaint Could Not Be Sustained Solely on the Ground of Absence of a Clear Right to Sue.

Bombay High Court Dismissed Civil Revision Application of Applicant Challenging Rejection of Application for Plaint Rejection. The Court held that a ...

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Supreme Court Allows Appeal in Property Dispute Over Rejection of Plaint Under Order VII Rule 11 CPC. The Court held that the plaint disclosed triable issues regarding mortgage, power of attorney revocation, and jurisdiction, and could not be rejected at the threshold.

The appellant, Vinod Infra Developers Ltd., claimed ownership of agricultural land in Jodhpur and alleged that it had borrowed Rs. 7.5 crores from res...

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Supreme Court Allows Appeal in Commercial Suit for Non-Compliance with Mandatory Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015. Suit Filed Without Exhausting Mediation Is Not Maintainable and Plaint Liable for Rejection Under Order VII Rule 11(d) CPC.

The Supreme Court allowed the appeal filed by M/s Dhanbad Fuels Private Limited against the Union of India and another, setting aside the judgment of ...

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"Right to Sue in Mutual Consent Divorce Does Not Survive Death of Spouse, Rules Court" "Family Court affirms the personal nature of the right to divorce, dismisses appeal by deceased husband's family."

The case examines whether the right to sue for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, survives to the mother an...

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Appellant's Property Claim Upheld: High Court's Reversal Overturned. Limitation Period and Implied Revocation of Power of Attorney Central to Decision

A dispute over a property transaction. The Appellant argues that the suit is within the limitation period based on her knowledge of the sale deed (Ex....

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"Commercial Appeals Dismissed: Court Upholds Single Judge's Decision Against Draft Supplemental Agreement" "Arbitral award set aside due to non-execution and unenforceability of central document, with significant procedural and substantive flaws identified."

Two concurrent Commercial Appeals (90 of 2020 and 91 of 2020) arising from an arbitral award dated February 14, 2017. The award was set aside by a Sin...

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Supreme Court Allows Motor Accident Victim's Appeal as Indigent Person, Emphasizes Access to Justice. High Court’s Rejection of Indigency Status Overturned; Appeal for Enhanced Compensation to be Expedited.

The appellant, injured in a motor accident, was awarded compensation by the Motor Accident Claims Tribunal but sought enhanced compensation through an...