Cause of action

Delhi High Court
Case BriefsHigh Courts

Delhi High Court held that the dismissal of the petitioner’s application under Order VII Rule 11 CPC was warranted, emphasizing the need to focus solely on the allegations in the plaint at the preliminary stage because the issues regarding limitation and adverse possession required further evidence and examination, which could not be resolved without a full trial.

Allahabad High Court
Case BriefsHigh Courts

Allahabad High Court said that the petitioner had 15 days’ period to make the payment from the date of receipt of notice, on 08-01-2020, and the said period expired on 23-01-2020. Therefore, the cause of action for filing the complaint arose on 23-01-2020, as per clause (c) of the proviso of Section 138.

Calcutta High Court
Case BriefsHigh Courts

Calcutta High Court stated that “Order VII, Rule 11 is applicable to the plaint which does not disclose cause of action and not the cases where the plea is non-existence of cause of action.”

calcutta high court
Case BriefsHigh Courts

The Calcutta High Court highlighted the importance of adhering to the legislative intent behind Rule 6A of Order 8 CPC to avoid multiplicity of proceedings and ensure speedy trial.

delhi high court
Case BriefsHigh Courts

“The issuance of the letter dated 10-05-2016 from Delhi can, at best, be said to constitute a ‘slender part of the cause of action’ and cannot be determinative of the question as to whether this Court ought to entertain the petition.”

delhi high court
Case BriefsHigh Courts

“As per Clause 31.16 of Letter of Intent between parties, place of arbitration was Faridabad (Haryana), which will be chosen as the seat, since seat has not been separately named and there are no other contrary indicia to show that place of arbitration is not intended to be seat of arbitration.”

res judicata and precedent
Case BriefsSupreme Court

Although the instant matter was remanded back to NCDRC to decide on facts, the Supreme Court very well elaborated the cause of action, Doctrine of Merger, principle of Res Judicata and Precedents.

delhi high court
Case BriefsHigh Courts

In the peculiar facts of the present case, taking recourse to law, cannot be, by any stretch of imagination, labeled as an instance of cruelty.

Madras High Court
Case BriefsHigh Courts

In 2012, Pondicherry District Collector had initiated inquiry against the Aurobindo Ashram Trust following allegations of sexual harassment, suicide of inmates and serious malpractices in the functioning of the school run by the Ashram, made by an inmate, Vishnu Lalit Singh, and a then MLA Ashok Anand.

Karnataka High Court
Case BriefsHigh Courts

Karnataka High Court: In the instant petition for quashment, the issue arose that whether a legal heir should be permitted to come

Case BriefsHigh Courts

Delhi High Court: Asha Menon, J., emphasized the law on territorial jurisdiction while addressing the present matter. Present petition was filed impugning

Case BriefsHigh Courts

Delhi High Court: Sanjeev Narula, J., while addressing the present matter held that prima facie view on territorial jurisdiction has to be

Op EdsOP. ED.

by Dhruv S. Patel*

Op EdsOP. ED.

by Raghav Sengupta†

Case BriefsHigh Courts

Karnataka High Court: Krishna S. Dixit J. set aside the impugned order and allowed the petition. The facts of the case are

NGT
Case BriefsTribunals/Commissions/Regulatory Bodies

The concept of ‘Back to Nature’ ought not to be used for developing revenue at the cost of Environment and Ecology.

Case BriefsHigh Courts

Delhi High Court: A Division Bench of Hima Kohli and Subramonium Prasad, JJ., while observing a matrimonial application, observed that, The plaint must

Case BriefsHigh Courts

Calcutta High Court: Debangsu Basak, J., while addressing a matter with regard to defamation, observed that “in a civil action for defamation, the

Case BriefsHigh Courts

Chhattisgarh High Court: Rajendra Chandra Singh Samant, J., while addressing a petition made an observation with regard to matrimonial disputes that, “…in a

Case BriefsHigh Courts

Delhi High Court: A Division Bench of Manmohan and Sanjeev Narula, JJ., held that neither the finding of judicial adventurism nor imposing costs