Showing : 81-90 of 364 Results

DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Cause of action - Partition suit - No averments in the plaint to the effect that suit property is a coparcenary property or that their existed a joint HUF - Rather plaintiff described the property as a self acquired property of his grandfather - S.6 of Hindu Succession Act..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Cause of action - Suit for setting aside sale deed - Cause of action is absolutely vague and presumably to cover up the delay and to avoid the suit being thrown out on the ground of limitation - Since from the admitted averments in the plaint suit was barred by limitation,..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 200-- Amendment of complaint - Proposed amendment not a formal amendment but a substantial one - Magistrate allowed amendment - Order upheld on the grounds viz. (1) Magistrate was yet to apply his judicial mind to contents of complaint and had not taken cognizance of matter; (2) since summons was yet to..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Copyright Act, 1957, Section 62, Trade Marks Act, 1999, Section 134(2)-- Infringement of copyright - Jurisdiction of Court - Principal office of plaintiff is at place `M' - Cause of action also arising at place `M' - Suit filed at place `D' not permissible as Court at place `D' would have no territorial jurisdiction...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - While examining an application U.O.7.R.11 CPC, only the plaint and accompanying documents are to be looked at - If upon looking at the averments in the plaint and accompanying documents no cause of action is made out, only then plaint can be rejected - Written statement or..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Plaint disclosing no cause of action and hopelessly barred by limitation even if averment made in application for amendment of plaint are taken into consideration in view of admission and knowledge of plaintiff and her family members - Plaint rejected...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Injunction suit - Banking law - There is expression of mere apprehension of plaintiffs that Negotiating Banks were in active collusion with beneficiary - No explanation or justification has been made in plaint as to how this active collusion came about or what makes the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Res judicata - Eviction petition - Earlier eviction petition filed on the ground that tenant had violated the terms of lease deed and landlord requires the premises for his own use - Subsequent eviction petition sought on the ground of no, payment of rent - Cause of action in..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Barred by law - Suit for specific performance - Where in the agreement of sale, specific date has been fixed for performance of agreement, then no, compliance of agreement on the said date would give a cause of action to file the suit for specific performance within three..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Suit for permanent injunction filed when it was open for plaintiff to file suit for specific performance - At the later stage on the same cause of action plaintiff seeking leave to file a comprehensive suit of specific performance - When main relief should be for seeking specific performance of..........

Showing : 81-90 of 364 Results