Showing : 71-80 of 174 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for specific performance - Rejection of plaint upheld for the reasons of non compliance with provisions of O.7.Rr.11, 14(1) and 14(2) , Form Nos.47 & 48 in Appendix A of the Code which are statutory in nature not comlied and absence of any cause of action...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 14-- Suit for specific performance - Agreement executed by power of attorney holder - Neither power of attorney filed alongwith plaint nor explained in whose possession it is, nor certified copy of the same produced - Amounts to non compliance of O.7.R.14(2) CPC...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 14-- Production of documents - Provision of O.7.R.14 CPC mandates that the plaintiff has to produce the documents on which the cause of action is based...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court can exercise power U.O.7.R.11 CPC at any stage of the suit either before registering plaint or after issuance of summons to defendants or at any time before conclusion of trial...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Matter is to be decided only on averments made in plaint - At this stage, pleas taken by defendant in written statement are wholly irrelevant...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - If allegations are vexatious and meritless and not disclosing clear right or material to sue, duty of trial Judge is to exercise power under O.7.R.11 CPC - And if clever drafting created illusion of cause of action, it should be nipped in bud at first hearing by examining..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Cause of action - It is bundle of facts which it is necessary for plaintiff to prove in order to succeed in suit - It must include some act done by defendant since in absence of such act no cause of action can possibly accrue...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 14-- Incorporation by Reference - Where document is sued upon and its terms are not set out in plaint but referred to in plaint, said document gets incorporated by reference in plaint...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Trusts Act, 1882, Section 59, Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Trustees of Trust filing Original Petition for enforcement of their rights - In order to execute Trust, right is only to file suit and not any original petition - Trust Act contains no provision to convert original petition into a suit - Held, original petition could not be..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 14-- Production of documents and proper admission/denial - Imperative for deciding civil cases in a proper perspective...........

Showing : 71-80 of 174 Results