TaxTMI 
TaxTMI 
Cause of action
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....ach fact, but every fact which is necessary to be proved. (Read (1888) Vol. XXII QBD 128, C.P. Agencies,). In other words, a bundle of facts which taken with the law applicable to them gives the plaintiff a right to 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....
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....tles 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 (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 enforceabl....
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....the plaintiff his cause of complaint, or the subject-matter of grievance founding the action, not merely the technical cause of action. The collocation of the words "cause of action, wholly or in part, arises" seems to have been lifted from Section 20 of the Code of Civil Procedure, which section also deals with the jurisdictional aspect of Courts. Although....
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....;as what is necessary to be proved is material facts whereupon a writ petition can be allowed. Eastern Coalfields Ltd. and Others Vs. Kalyan Banerjee - [2008 (3) TMI 480 - SUPREME COURT] Bhavendra Hasmukhlal Patadia - [2022 (5) TMI 235 - GUJARAT HIGH COURT] Expression "cause of action" The expression "cause of action" has acquired a judicially-settled meaning. In the restricted sense cause of a....