Showing : 61-70 of 138 Results

SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 20-- Jurisdiction - Agreement executed in Hong Kong with a clause 'Terms and conditions of the agreement shall be interpreted in accordance with the laws of Hong Kong Special Administrative Region' - Held, this clause has nothing to do with jurisdiction of Court - Suit filed in a Court in India where..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- `Cause of action' & `applicability of law' - These are two distinct, different and independent things and one cannot be confused with the other - Cause of action consists of material facts which are imperative for the plaintiff to allege and prove to succeed in the suit...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 15, 16, 17, 18, 19, 20-- Jurisdiction - Plaintiff is dominus litus - But it is confined only to the cause of action which falls within Ss.15 to 18 of he Code - It has no application in a case where provision of S.20 CPC is sought to be invoked...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - If on a meaningful and not formal reading of the plaint it is manifestly vexatious and meritless in the sense of not disclosing a clear right to sue, Court should exercise the power U.O.7.R.11 CPC, taking care to see that the ground mentioned therein is fulfilled - If clever..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint as a whole has to be read - Plaint when discloses no cause of action then plaint as a whole and not a part of plaint has to be rejected...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Scope - (1) The correct test in cases falling under Order II Rule 2, is whether the claim in the new suit is in fact founded upon a cause of action distinct from that which was the foundation of the former suit; (2) The `cause of action' means every fact which will be necessary for the plaintiff..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 6, Rule 2-- Pleadings - Pleading has to state material facts and not the evidence - There is distinction between material facts and particulars - Words `material facts' show that the facts necessary to formulate a complete cause of action must be stated - Omission of a single material fact leads to an..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Several cause of action - Some within jurisdiction of Court - Plaint not to be rejected - Liberty given to seek amendment of plaint to include only those cause of action which accrued within the jurisdiction of Court where instant suit filed...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Cause of action - 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,..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Provision of O.2.R.2 CPC is directed to securing the exhaustion of the relief in respect of a cause of action and not to the inclusion in one and the same action or different causes of action, even though they arise from the same transaction - One great criterion is, when the question arises as to..........

Showing : 61-70 of 138 Results