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1 - 10 of 10 (0.20 seconds)Article 226 in Constitution of India [Constitution]
M/S South East Asia Shipping Co. Ltd vs M/S Nav Bharat Enterprises Pvt. Ltd. & ... on 13 March, 1996
It is settled law that "cause of action" consists of bundle
of facts, which give cause to enforce the legal inquiry for
redress in a court of law. In other words, it is a bundle of facts,
which taken with the law applicable to them, gives the plaintiff
a right to claim relief against the defendant. It must include
some act done by the defendant since in the absence of such
an act no cause of action would possibly accrue or would
arise. (See South East Asia Shipping Co. Ltd. v. Nav Bharat
Enterprises Pvt. Ltd. and others. (1996 (3) SCC 443).
Rajasthan High Court Advocates ... vs Union Of India & Ors on 15 December, 2000
means the circumstances forming the infraction of the right or
the immediate occasion for the reaction. In the wider sense, it
means the necessary conditions for the maintenance of the
suit, including not only the infraction of the right, but also the
infraction coupled with the right itself. Compendiously, as
noted above the expression means every fact, which it would
be necessary for the plaintiff to prove, if traversed, in order to
support his right to the judgment of the Court. Every fact,
which is necessary to be proved, as distinguished from every
piece of evidence, which is necessary to prove each fact,
comprises in "cause of action". (See Rajasthan High Court
Advocates' Association v. Union of India and Ors. (2001 (2)
SCC 294).
Bloom Dekor Limited vs Subhash Himatlal Desai on 9 September, 1994
By "cause of action" it is meant every fact, which, if
traversed, it would be necessary for the plaintiff to prove in
order to support his right to a judgment of the Court. In other
words, a bundle of facts, which it is necessary for the plaintiff
to prove in order to succeed in the suit. (See Bloom Dekor Ltd.
v. Subhash Himatlal Desai and Ors. (1994 (6) SCC 322).
Navinchandra N. Majithia vs State Of Maharashtra & Ors on 4 September, 2000
The expression "cause of action" is generally understood
to mean a situation or state of facts that entitles a party to
maintain an action in a court or a tribunal; a group of
operative facts giving rise to one or more bases of suing; a
factual situation that entitles one person to obtain a remedy in
court from another person. (See Black's Law Dictionary). In
Stroud's Judicial Dictionary a "cause of action" is stated to be
the entire set of facts that gives rise to an enforceable claim;
the phrase comprises every fact, which if traversed, the
plaintiff must prove in order to obtain judgment. In "Words
and Phrases" (4th Edn.) the meaning attributed to the phrase
"cause of action" in common legal parlance is existence of
those facts, which give a party a right to judicial interference
on his behalf. (See Navinchandra N. Majithia v. State of
Maharashtra and Ors. (2000 (7) SCC 640).
Mohammad Khalil Khan vs Mahbub Ali Mian on 31 May, 1948
It would be appropriate to quote para 61 of the said
judgment, which reads as follows:-
Gurdit Singh And Ors. Etc vs Munsha Singh And Ors. Etc on 29 November, 1976
The expression "cause of action" has sometimes been
employed to convey the restricted idea of facts or
circumstances which constitute either the infringement or the
basis of a right and no more. In a wider and more
comprehensive sense, it has been used to denote the whole
bundle of material facts, which a plaintiff must prove in order
to succeed. These are all those essential facts without the
proof of which the plaintiff must fail in his suit. (See Gurdit
Singh v. Munsha Singh (1977 (1) SCC 791).
Sadanandan Bhadran vs Madhavan Sunil Kumar on 28 August, 1998
In a generic and wide sense (as in Section 20 of the Civil
Procedure Code, 1908) "cause of action" means every fact,
which it is necessary to establish to support a right to obtain a
judgment. (See Sadanandan Bhadran v. Madhavan Sunil
Kumar (1998 (6) SCC 514).
Section 20 in The Extradition Act, 1962 [Entire Act]
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