Showing : 41-50 of 174 Results

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...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Defendant is entitled to file application for rejection of plaint before filing written statement - In case, application is rejected, defendant is entitled to file his written statement - However, liberty to file an application for rejection of plaint cannot be made as a ruse..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 1-- Cause of action - Arises when one party asserts and other party denies any right...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d)-- Rejection of plaint - Res judicata - Cause of action for filing suit different - Grounds urged in suit also quite different - Even if plaint is read keeping in mind the cleverness and deftness in drafting, yet it is not prima facie discernible from the plaint that it lacks any cause of action or..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Suit for specific performance of agreement to sell - Oral extension of time but no mention of particulars as to when and how long - Suit barred under Article 54 of Limitation Act - Order of trial Court rejecting plaint as barred by law of limitation,..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint can be rejected, if allegations made in the plaint, taken to be correct as a whole, on its face value, show that suit is barred by any law - For deciding this question, only the averments made in plaint are relevant - As question of jurisdiction to entertain and try..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of jurisdiction - Jurisdiction of civil Court barred by provision of S.3(4) of Haryana Public Moneys (Recovery of Dues) Act, 1979 - Plaint rightly rejected...........

Showing : 41-50 of 174 Results