Cause of action Archives

Chh HC | In a matrimonial dispute, cause of action can arise several times, even if the dispute is settled and case has been withdrawn

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

Case Briefs High Courts

INOX v. PVR | Del HC | No plea of tortious inducement made out; Finding of judicial adventurism and imposition of five lakhs against INOX, not warranted

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

Case Briefs High Courts

Ker HC | No bar to simultaneous continuance of a criminal proceeding and a civil proceeding, if the two arise from separate causes of action

Kerala High Court: R. Narayana Pisharadi, J. dismissed a petition praying for quashing the criminal proceedings against the petitioner initiated under Section

Case Briefs High Courts

Ker HC | Petition for non-compliance of earlier judgment dismissed; petitioner directed to seek remedy under Contempt of Courts Act

Kerala High Court: C.S. Dias, J. dismissed a writ petition filed by the petitioner on the basis that once any judgment is

Case Briefs High Courts

Bom HC | Permissive possession different from adverse possession; Cause of action arises to plaintiff only when defendant sets up adverse title

Bombay High Court: S.C. Gupte, J., dismissed a second appeal filed against the orders of courts below where the suit filed by the

Case Briefs High Courts

Pat HC | No evidence to prove that cause of action still survives as the relevant scheme was introduced for a specific time period

Patna High Court: Madhuresh Prasad, J. dismissed the petition since it was devoid of any merits as the petitioner failed to have

Case Briefs High Courts

HP HC | Cause of action can be inherited by successors of the original landlord in cases of eviction suits

Himachal Pradesh High Court: Sandeep Sharma, J. upheld the order passed by the Rent Controller whereby an appeal was filed under Section

Case Briefs High Courts

Del HC | Partition suit rejected under Or. 7 R. 11 CPC for want of cause of action in light of General Power of Attorney and Requisition Deed

Delhi High Court: Pratibha M. Singh, J. allowed an application under Order 7 Rule 11 CPC filed by the defendant in the subject

Case Briefs High Courts

Del HC | Writ petition cannot find cause of action on sympathy; B.Com. (H) student of SRCC denied attempting paper

Delhi High Court: C. Hari Shankar, J. reiterated that once the provision for a “special chance” stood removed from the statutes of Delhi

Case Briefs High Courts

Guj HC | Applicability of S. 115 CPC can’t be exercised in a routine manner in absence of any perversity

Gujarat High Court: A Bench of A.J. Shastri, J. dismissed a petition being devoid of merit as the case did not fall

Case Briefs High Courts

Del HC | Plea taken by defendant in written statement is wholly irrelevant at the stage of deciding Or. 7 R. 11 CPC application

Delhi High Court: Vinod Goel, J. dismissed a petition impugning the order passed by Civil Judge whereby defendant’s application under Order 7 Rule 11

Case Briefs Foreign Courts

Exception raised to particulars of claim cannot succeed where the cause of action disclosed

High Court of South Africa, Western Cape Division: In this case before a Single Judge Bench of K M Savage, J., defendant

Case Briefs High Courts

Cause of action in probate of will is continuing in nature – limitation starts from the date hindrance is posed to legatee of bequeathed property

Patna High Court: A Single Judge Bench comprising of Prabhat Kumar Jha, J. while hearing a civil writ petition held that in

Case Briefs Supreme Court

Merely because disputed shares are issued by Indian Company does not give rise to cause of action in India: SC

Supreme Court: A Bench comprising of A.K. Sikri and Ashok Bhushan, JJ. dismissed an appeal filed against the judgment of the Division Bench

Case Briefs High Courts

Section 138 of NI Act and Section 420 IPC not exclusive to each other, a person can be charged with both offences simultaneously

Punjab and Haryana High Court: This petition was filed before a Single Judge Bench of Rajbir Sehrawat, J., in order to quash

Case Briefs High Courts

Defendant making payments towards amount claimed does not vanish cause of action; rejection of plaint under Order VII Rule 11 CPC reversed: Del HC

Delhi High Court: A Single Judge Bench comprising of Valmiki Mehta, J. allowed an appeal filed against the order of the trial court

Case Briefs High Courts

Denial of pension by an authority outside territorial limits of court gives rise to cause of action if the pensioner resides within territorial jurisdiction of the court

Kerala High Court: A Division bench comprising of P.R. Ramachandra Menon and Devan Ramachandran, J. while hearing an appeal against the order

Case Briefs High Courts

Selection proceedings held at a place alone cannot decide place of cause of action

Allahabad High Court: A Single Judge Bench comprising of Ashwani Kumar Mishra, J., dismissed a petition filed against termination of petitioner’s services.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Limitation on initiation of ‘process’ by financial creditor to be counted from the date when Section 7 I&B Code came into force: NCLAT

National Company Law Appellate Tribunal (NCLAT): A two-member bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, Member (Judicial)

Case Briefs High Courts

Show cause notice cannot be challenged in writ proceedings unless issued without jurisdiction

Uttaranchal High Court: A Single Judge Bench comprising of Manoj K. Tiwari, J., dismissed a writ petition as premature holding that there