Cause of action Archives | Page 2 of 2

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

Case Briefs High Courts

Proper cause of action should arise for claiming damages against defamation

Delhi High Court: While deciding the plaint filed for claiming permanent injunction and damages against the aggrieved party, the Bench of Rajiv

Case Briefs High Courts

Territorial jurisdiction of that Court arises where communication of termination order reaches the employee i.e. legal cause of action is completed

High Court of Delhi: while deciding upon an issue with respect to maintainability of the writ petition on the ground of territorial