Search Results for Tag : Cause of action
News
SC: Cause of Action to Plaintiff to File Suit Accrues When There is a Threat to Infringe Right(02.03.2020)
Supreme Court has observed that cause of action to a Plaintiff to file a suit accrues when there is a clear and unequivocal threat to infringe a right.....
Tags : Supreme Court, Cause of Action to Plaintiff
JKL HC: Cause of Action Not Generated Merely by Repeated Representation(07.03.2023)
Jammu and Kashmir and Ladakh High Court has held that Cause of Action can’t be generated merely by making repeated representations to the concerned au.....
Tags : Jammu and Kashmir and Ladakh High Court, Cause of Action, Repeated Representation
SC: Facts Relevant for Grant of Relief Gives Rise of Cause of Action(15.03.2023)
Supreme Court while explaining concept of cause of action under Article 226 of Constitution, has observed that only those facts, which are relevant to.....
Tags : Supreme Court, Cause of Action, Facts
Delhi HC: Occurrence of Cause of Action Determining Factor to Attract Jurisdiction of Court(09.07.2021)
Delhi High Court has reiterated that the occurrence of cause of action at a place is a determining factor both under section 20 of the Code of Civil P.....
Tags : Delhi High Court, Occurrence of Cause of Action
Delhi HC: Existence of Cause of Action Cannot be Equated with Merits of Suit Filed(12.04.2022)
Delhi High Court has observed that existence of the cause of action cannot be equated with the merits of the suit filed.
Tags : Delhi High Court, cause of action
Supreme Court: Decree Against Plaintiff by Default Bars New Suit on Same Cause of Action(10.09.2019)
Supreme Court has ruled that the decree against Plaintiffs by default bars fresh suit on the same cause of action by their successors in title. The Co.....
Tags : Supreme Court, Cause of Action
SC: Parties Must File 2nd Suit on Same Cause of Action within 3 Years of Rejection of Earlier Plaint(10.01.2025)
Supreme Court has observed that a subsequent suit on the same cause of action must be filed by a party within three years from the rejection of the ea.....
Tags : Supreme Court, Cause of Action, Rejection of Plaint
SC: Amendment in Plaint Due to Subsequent Development Constitutes Continuous Cause of Action(13.01.2025)
Supreme Court has observed that an application filed to amend a plaint due to certain developments in the main cause of action shall constitute contin.....
Tags : Supreme Court, Subsequent Development, Cause of Action
SC: Order II Rule 2 Mandates Including Whole Claim Arising from Same Cause of Action in One Suit(17.01.2025)
SC has stated that mandate of Order II Rule 2 of CPC is the inclusion of whole claim arising in respect of one and the same cause of action, in one su.....
Tags : Supreme Court, Cause of Action, Order II Rule 2
Karnataka HC: Arbitration Relating Third Parties and Leading to Other Proceedings Inarbitrary(29.04.2022)
Karnataka High Court has held that reference of a dispute to arbitration cannot be permitted if it would lead to splitting up of the cause of action a.....
Tags : Karnataka High Court, cause of action, arbitration
Bombay HC: Arbitration Clause Cannot be Defeated by Adding Cause of Action Beyond its Scope(13.04.2020)
Bombay High Court has held that a litigant cannot be permitted to defeat an arbitration agreement by adding a cause of action in the suit which is not.....
Tags : Bombay High Court, Cause of Action Beyond Arbitration Clause's Scope
SC: Limitation Begins From the Date When the Cause of Action First Accrued(17.04.2025)
SC has observed that it is a complete fallacy to make any distinction between “knowledge” and “full knowledge”. The limitation begins from the date wh.....
Tags : Supreme Court, Limitation, Cause of Action
Judgments
In absence of complete cause of action for declaring election of returned candidate to be void, election petition is to be summarily dismissed without trial(11.02.2020)
Present election petition filed under Section 80 read with Section 100(1) of the Representation of the People Act, 1951 challenges the election of the.....
Tags : Non-compliance, Provisions, Cause of action, Absence
Suit seeking damages for illegal use of property is maintainable, even after, filing of suit for possession against the same property(30.11.2023)
Challenge in the present appeal is to the order passed by the High Court, vide which the application filed by the Appellants/Defendants under Order VI.....
Tags : Subsequent suit, Cause of action, Maintainability
Delhi HC: Can Consider Documents Filed with Plaint to Determine ‘Cause of Action’(12.05.2025)
Delhi High Court has observed that documents annexed with a plaint can be considered to determine if the plaint discloses a 'cause of action' for proc.....
Tags : Delhi High Court, Cause of Action, Plaint
Bom HC: Civil Court Can Invoke Sec 151 CPC to Dismiss a Suit as Infructuous if Cause of Action Ends(20.03.2026)
Bombay High Court held that civil court can use its inherent powers under Section 151 CPC to dismiss a suit as infructuous when events render the orig.....
Tags : Civil Court, Suit, Cause of Action
To have territorial jurisdiction at Delhi, whole or part of cause of action would have to accrue at Delhi(19.12.2016)
Present writ petition impugns orders passed by Respondent/Central Bank of India/ employer whereby Petitioner has been inflicted punishment of dismissa.....
Tags : Proceedings, Jurisdiction, Cause of action