Showing : 241-250 of 1232 Results

MADRAS HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Limitation is mixed question of fact and law - Said question is to be decided by Court only at time of trial - Plaint cannot be rejected on ground that it is barred by limitation...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2-- Rejection of plaint - Bar of O.2.R.2 CPC - Earlier suit for permanent injunction decided only in respect of possession - Subsequent suit filed for declaration, recovery of possession and mandatory injunction - Cause of action in both suits are different - Moreover, grounds of rejection of plaint..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by limitation - Averments made in plaint only are relevant - Averments made in plaint prima facie do not show that they are vexatious or meritless - Contentious issues existed which are to be decided after recording evidence of parties - Issue of limitation is a mixed..........
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 including those furnished by defendants...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 24(5), Order 7, Rule 10A-- Transfer of suit - Where relief sought by plaintiff is partly or wholly not triable before Court where suit is instituted and both the parties agreed to transfer the case at the stage at which it is pending, Court u/s 24(5) CPC can transferred said proceedings to competent jurisdiction instead of..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court should not reject the plaint simply that some of the rights claimed in the plaint appear to be barred under the law...........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Where issues are required to be decided on evidence, it will not be proper to reject plaint either on the ground that it is apparently barred by law or it does not disclose cause of action...........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court should confine its scrutiny on the averments made in the plaint at the stage of O.7.R.11 CPC...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Hindu Marriage Act, 1955, Section 13(1)(ia), 12-- Rejection of plaint - Petition for divorce and annulment of marriage - Petition filed within one year of marriage - Relief of divorce is barred u/s 14 of Hindu Marriage Act whereas relief for annulment of marriage is sustainable and application U.O.7.R.11(d) CPC dismissed to that extent...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Deficient Court fee - Suit for compensation/damages - There is no objective standard available which can help in determining the amount of compensation - Compensation is subject to variance based on quality of evidence to be led before Court - In such nature of things,..........

Showing : 241-250 of 1232 Results