Showing : 81-90 of 167 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d)-- Civil suit and criminal proceedings u/s 138 NI Act - Acquittal in criminal case - Does not operate as res judicata in civil suit - Plaint cannot be rejected - Finding in a criminal proceeding is not binding in a civil proceeding - Standard of proof in a civil suit and criminal proceedings is..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 7, Rule 7-- Relief - In a civil suit, relief to be granted can be only with reference to the prayer made in the pleadings...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint when read as a whole does not disclose cause of action then it can be rejected U.O.7.R.11 CPC - Similarly a plea of bar to jurisdiction of civil court has to be considered having regard to the contentions raised in the plaint...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejecton of plaint - Application is to be decided on the basis of averments in the plaint - Different clauses in the provision should not be mixed up - However, an application for rejection of plaint can be filed on more than one ground under different clauses but Court has to give a clear finding..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Application can be filed at any stage of the suit - For filing an application it is not necessary that defendant should first file his written statement - Use of word `shall' casts a duty on the Court to perform its obligations in rejecting the plaint when the same is hit by..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Section 3(1)-- Suit beyond limitation - Limitation as defence not set up - Held, provisions of S.3(1) Limitation Act and O.7.R.11 CPC casts a mandate upon the court to reject a plaint where the suit appears from the statement in the plaint to be barred by any law or the law of limitation...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- `Cause of action' & `applicability of law' - These are two distinct, different and independent things and one cannot be confused with the other - Cause of action consists of material facts which are imperative for the plaintiff to allege and prove to succeed in the suit...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Question of limitation - An application for rejection of plaint can be filed if the allegations made in the plaint even if given face value and taken to be correct in their entirety appear to be barred by any law - It is only the averments made in plaint which are relevant..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Question of limitation - Suit for title and possession - Limitation does not commence unless there had been a clear and unequivocal threat to the right claimed by plaintiff which can only be decided when an issue is framed and parties lead evidence - Application U.O.7.R.11(d)..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court can exercise power at any stage of the suit i.e. before registering the plaint or after issuing summons to the defendant or at any time before the conclusion of trial - For the purposes of deciding an application U.O.7.R.11 averments in the plaint are germane - Pleas..........

Showing : 81-90 of 167 Results