Showing : 261-270 of 1225 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Res judicata - Earlier suit not between same parties and case does not satisfy parameters of S.11 of CPC - Bar of res judicata will not apply...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Cause of action - Partition suit - Plaintiff is descendant from one of branches of common ancestor while respondents are alienees of property from members of other branch of same common ancestor - Not a case where there is no cause of action for plaintiff to seek partition -..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Territorial jurisdiction - In its finding Court confusing territorial jurisdiction with cause of action - Territorial jurisdiction being questioned ought to have been looked into in the light of objection raised in the application U.O.7.R.11 CPC - Impugned order set aside -..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 149, Order 7, Rule 11(c)-- Deficit court-fee - Power to extend time for payment of deficit court fee can be exercised only when plaintiff offers a legally acceptable explanation for no, payment of court fee within period of limitation and Court records its satisfaction with regard to the same...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Rejection of plaint - Application U.O.7.R.11 CPC, regarding jurisdiction and maintainability of suit, has to be decided first before deciding any other application as non disposal of such an application may put the party in disadvantage...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Territorial jurisdiction - Objection to territorial jurisdiction has to be construed after taking all averments in plaint to be correct - It is only the plaint and documents filed along with it, that need to be seen - Written statement is not to be looked into at all...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 20(c), Order 7, Rule 10, Trade Marks Act, 1999, Section 134(2)-- Trade mark - Jurisdiction - Return of plaint - Material fact pleaded by plaintiff that defendants are conducting, soliciting, rendering the impugned services under the impugned trade name within the jurisdiction of Court - Plaintiff also averred that it has a corporate office in Delhi and part of..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 20, Order 7, Rule 1-- Plaint - Cause of action - Plaint shall mention as to when cause of action arose - A separate para need not be couched - It has to be ascertained by reading the plaint as a whole as to whether there is cause of action or not - Cause of action is bundle of essential facts and even a part of cause..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Jurisdiction of Court, cause of action and plaint whether barred by time has to be ascertained on the plaint averments by reading it as a whole and not by considering probable defence of defendants...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 14-- Production of documents - Such documents not mentioned in plaint as it came to knowledge subsequently - Such contention denied - No evidence on this issue - Since a specific averment on oath is made by petitioner as such it is appropriate to accept said plea - Moreover, there is nothing to show as..........

Showing : 261-270 of 1225 Results