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Results of o 7 r of civil procedure code

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Showing : 121-130 of 259 Results

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..........

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 without permission is..........

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..........

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..........

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...........

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 for retrieving the lost..........

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...........

Showing : 121-130 of 259 Results