Showing : 341-350 of 1244 Results

HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 14(3)-- Late production of documents - Evidence of parties was completed - Suit is coming up for arguments - Leave to a party to file documents before commencement of arguments cannot be granted particularly when there is no justifiable reason for accepting those documents - Application rejected...........
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...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(b), (c)-- Rejection of plaint - Ground of undervaluation or payment of deficient Court fee - Plaint cannot be straightaway rejected on the ground of undervaluation or payment of deficient Court fee - Only when Court founds that relief has been undervalued or sufficient Court fee not paid, directs the..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 10, 11, Arbitration and Conciliation Act, 1996, Section 8-- Return/rejection of plaint - Existence of arbitration agreement - Court below returned the plaint on the ground of existence of arbitration agreement ignoring the fact that defendant no.2 has no binding agreement with plaintiffs containing arbitration clause enforceable in law - No justification..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(b)-- Expression `barred by any law' in O.7.R.11(b) CPC must include the law of limitation as well and therefore, plaint can be rejected under said provision on the ground of bar of limitation also...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Absence of cause of action and non disclosure of cause of action - There is distinction between the two - Difference lies in the manner in which the correctness or otherwise of the two pleas is to be ascertained - Averment that there is no cause of action to file suit has to..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d), Limitation Act, 1963, Section 22-- Rejection of plaint - Barred by limitation - Suit for damages and injunction - Continuing wrong - Dumping of mining rejects in the suit property - Pleadings are about continuing breach and obtuse attitude in committing the wrong de die in diem - Provision of S.22 of Limitation Act is therefore,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Deficient Court fee - Partition suit - Every co-sharer is deemed to be in possession of every inch of joint land - Plaintiff, being a co-sharer is in possession of suit property, thus not required to affix ad-valorem Court fees according to value of suit property - No defect..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Valuation of suit - In order to determine the valuation of suit, recitals/averments in plaint are to be considered - Defence of defendant cannot be taken into consideration...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Proceedings filed by a party alone can be returned to him - Proceedings filed by another party cannot be returned to him - Written statement filed cannot be returned to plaintiff...........

Showing : 341-350 of 1244 Results