Showing : 211-220 of 1232 Results

BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 17-- Rejection of plaint - Before decision of this application, plaintiff filed application for amendment of plaint - Application for amendment of plaint has to be decided first before deciding application for rejection of plaint...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 10A-- Lack of jurisdiction - Return of plaint - It is de novo trial of suit by competent Court - Whatever done by Court, not having jurisdiction, is non est in the eye of law...........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of Benami law - Suit for declaration of title filed in 2011 on the basis of benami transaction which took place in 1964 - Prohibition under Benami Transaction Act is squarely applicable and attracted to the case - Plaint is barred by benami law and liable to be rejected -..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 1-- Cause of action - Not disclosed in plaint - Suit dismissed - Court is not required to go through the evidence to find out as to what cause of action has accrued to the plaintiff...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10-- Return of plaint - Lack of jurisdiction - Lease agreement and corporate guarantee - Defendant no.1 agreed by corporate guarantee to be subject to jurisdiction of Courts not only in Saudi Arabia but also abroad, thus, cannot be allowed to urge that suit instituted is against the spirit of contract..........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Benami transaction - Transaction refereed in plaint occurred in year 1971-72, before passing of Benami Transaction Act, 1988 - However, suit filed after passing of said Act - What is relevant is the date on which suit is filed and not the date on which transaction itself..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11-- Court fee - Rejection of plaint - Since plaintiff-respondent were not seeking decree for declaration they were rightly held not liable to pay ad valorem court fee by Trial Court and order deserves to be upheld...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11-- Court fee - Rejection of plaint - Issue of court fee is primarily between plaintiff and State - Defendants have hardly any role to play - Trial Court was well within its jurisdiction to pass order and same deserves to be upheld...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11, Constitution of India, 1950, Article 226-- Court fee - Rejection of plaint - Defendants cannot be permitted for stalling progress of suit before Trial Court because they are not going to suffer any kind of prejudice due to alleged inadequacy of court fee paid by plaintiff - Although it may not be an absolute rule in every given situation,..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Ad valorem Court fee - Suit for declaration that rejection of bid is invalid and mandatory injunction to accept highest bid - Valuation of suit not to be less that bid amount - Plaintiff directed to pay the ad valorem Court fee not only before Trial Court but also before High..........

Showing : 211-220 of 1232 Results