Showing : 51-60 of 798 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Issue of res judicata and limitation are required to be decided after evidence is led by parties - This is too early a stage or premature to reject plaint U.O.7.R.11(d) CPC on these grounds...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Principle of res judicata cannot be caged in confines of S.11 CPC - This canon of law is of far more general application and wider generic extension...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11, 24-- Res judicata - Not applicable to transfer application, as principle of res judicata applies to a decision of a suit or an issue and decision of an application u/s 24 of the Act cannot be treated to be decision of an issue - Second/subsequent application u/s 24 of the Act thus, not barred by res..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Suit for possession filed by landlord and judgment there in with respect to entitlement of landlord to seek possession will not in any manner operate as res judicata as against defendant/tenant either for seeking final relief in specific performance suit or including interim relief..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Where plaint discloses a cause of action but plaintiffs are not entitled to any relief after adducing the evidence - In such cases, plaint cannot be rejected out rightly U.O.7.R.11 of CPC...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Striking off plaint u/s 151 CPC - Trial Court has no power to strike off plaint - High Court can strike off plaint either under Art.227 of Constitution of India or u/s 151 CPC - Trial Court can reject plaint if defendant makes out case U.O.7.R.11 CPC - When there is specific provision for striking..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 10, 11-- Res judicata - Suit for injunction - Jurisdiction of Civil Court or Revenue Court - Decided in application U.O.7.R.11 CPC - Cannot be reagitated in application U.O.7.R.10 CPC...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Taking up the issue, which is already decided and against which an appeal is preferred, would amount to violating the principle of res judicata incorporated in S.11 of CPC...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Issue of limitation and res judicata are arguable defences, which cannot be gone into at the stage of considering application U.O.7.R.11 CPC, - Moreover, suit not appears from statement of plaint to be barred by law - Application rightly rejected...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Issue as to whether consent terms filed in course of execution proceedings and/or made therein can be recorded as consent decree or not is itself a debatable or arguable issue which cannot be decided at the stage of considering an application U.O.7.R.11 CPC...........

Showing : 51-60 of 798 Results