Showing : 31-40 of 167 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Enquiry U.O.7.R.11(a) of the Code can be taken up at any stage...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 34, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 1(4)-- Debt recovery proceedings - Jurisdiction of civil Court - Civil Court has no jurisdiction to entertain proceedings u/s 13 R/W S.34 of SARFAESI Act, as it specifically provides bar of jurisdiction of civil Court - Only remedy available is to approach Tribunal under the provisions of DRT Act to..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Employees Provident Funds and Miscellaneous Provisions Act, 1952, Section 7L(4)-- Rejection of plaint - Rejection of plaint on institutional ground is different from dismissal of suit at pre-trial stage on ground of maintainability - For dismissal on preliminary issue, Court is entitled and liable to look into entire documents including those furnished by defendants...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Suit for declaration between two government corporations - Plaint rejected by High Court on the ground that permission from Committee on Disputes (COD) was not obtained before institution of suit - However, absence of such permission was not a fatal defect, as filing of suit..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Limitation Act, 1963, Section 4, Civil Procedure Code, 1908, Order 7, Rule 11-- Last date of filing suit was a winter holiday - Courts opened on a non working Saturday - Suit filed on Monday - Suit, held, not within limitation - Non working Saturday is not a holiday for the Registry and there is no question of confusion, though such confusion also cannot save limitation to..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Limitation Act, 1963, Section 4, Civil Procedure Code, 1908, Order 7, Rule 11-- Last date of filing suit was a winter holiday - Courts opened on a non working Saturday - Suit filed on Monday - Suit, held, not within limitation - Non working Saturday is not a holiday for the Registry and there is no question of confusion, though such confusion also cannot save limitation to..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court has to consider only the plaint as a whole - In case, entire plaint comes under the situations covered by O.7.R.11 (a) to (f) of the Code, the same has to be rejected...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Once an application is filed to reject plaint, Court has to dispose of the same before proceeding with the trial...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Application for rejection of plaint can be filed at any stage of suit - Defendant is entitled to file application for rejection of plaint before filing his written statement...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Rejection of plaint cannot be on the basis of allegations in written statement or on the basis of allegations in the application for rejection of plaint - Court has to consider only the plaint as a whole...........

Showing : 31-40 of 167 Results