Showing : 81-90 of 174 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Representation of the Peoples Act, 1951, Section 86(1), Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of election petition - Appellant also filed application in election petition for dismissal of election petition on ground that name of proposer No.2 had been struck off from electoral roll and he was no more an elector from said place and was not, therefore, entitled to propose name of..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Constitution of India, 1950, Article 145, Supreme Court Rules, 1966, Order 7, Rule 2-- Reference to larger bench - Ratio of two decisions of Supreme Court viz. 2005(4) SCC 32 and 2011(7) SCC 639 appears to be in conflict with each other in regard to claim of share by each major son of family of land holder whose land has been acquired - Held, question of entitlement of major son to..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 5, 7-- No prayer against a particular defendant - No relief can be granted against him...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Pre mature suit - Court shall not exercise its discretion in favour of decreeing a premature suit in the following cases : (i) when there is a mandatory bar created by a statute which disables the plaintiff from filing the suit on or before a particular date or the occurrence of a particular..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Pre mature suit - (1) Not necessarily to be dismissed for such reason; (2) Question of suit being premature does not go to the root of jurisdiction of the court; (3) Court entertaining such a suit and passing decree therein is not acting without jurisdiction but it is in the judicial discretion of..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Court Fees Act, 1870, Section 7(v), Civil Procedure Code, 1908, Order 7, Rule 7-- Landlord purchasing property in possession of tenant - Eviction petition - Failure to prove relationship of landlord and tenant - In absence of proof of relationship of landlord and tenant landlord is not entitled to a decree for possession - However, landlord is entitled to seek possession on..........
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..........

Showing : 81-90 of 174 Results