Showing : 21-30 of 174 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 16-- Rejection of plaint and striking out pleadings - Two separate applications - Court considered application U.O.6.R.16 CPC first and struck out certain pleadings - Court then deciding application U.O.7.R.11 CPC and rejecting plaint - No finding that rest of the pleadings which still remain, not..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 16-- Rejection of plaint and striking out pleadings - For striking out pleading or rejection of plaint, Court is not expected to decide the merits of controversy...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - It is only the plaint and not projected defence in written statement which is to be looked into to decide application for rejection of plaint...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suppression and concealment of earlier suit between parties which attained finality - Held, defence projected in written statement cannot be looked into to decide application for rejection of plaint - It is only the plaint which is to be looked into to decide application for..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suppression and concealment of earlier suit between parties which attained finality - Recourse to O.7.R.11 CPC is not appropriate - Trial Court may after framing the issues, take up the issues which pertain to maintainability of suit and decide the same in the first instance...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of guardianship petition - Bar of jurisdiction - Principle of comity of Courts or principle of forum convenience alone cannot determine threshold bar of jurisdiction - Paramount consideration is best interest of child - Same cannot be subject-matter of final determination in proceedings..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 14-- Production of documents - Sought at initial stage when trial yet to begin - Documents sought to be produced are alleged to be that of defendants themselves having obtained through RTI - No reason as to why plaintiff be not allowed to file them - Application allowed...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2-- Relief - Only that relief can be granted which is claimed by plaintiff in the plaint - Such relief can be granted only on the pleadings but not beyond it - In other words, Courts cannot travel beyond the pleadings for granting any relief...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Expression `barred by any law' - `Law' includes judicial decisions of the Apex Court...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint as a whole alone can be rejected - It is O.6.R.16 CPC which applies when a portion of plaint is to be struck out...........

Showing : 21-30 of 174 Results