Showing : 1-10 of 79 Results

DELHI HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Claim set up in plaint barred by S.4(1) of Benami Transactions (Prohibition) Act, 1988 - Application for rejection of plaint dismissed on the sole ground that an issue has been framed and it would be a matter of trial as to whether property is individual property or has been..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Issues raised in the matter were certainly required to be considered, on merits - High Court committed error in rejecting plaint on the ground of limitation - Order of High Court set aside - Suit restored...........
DELHI HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 86, Order 7, Rule 11-- Rejection of plaint - Suit against foreign State - Consent of Central Government - In absence of Central Government, Court cannot reject the plaint U.O.7.R.11 CPC against foreign State on the ground that consent u/s 86 CPC, although obtained in writing, is substantively invalid...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 75-- Rejection of plaint - Limitation - Suit for damages - Defamation - Art.75 of Limitation Act, provides one year limitation from the date of publication of libel - Last date of publication/telecasting of news item was 2014 and one year thereafter had elapsed on 2015 - Suit filed in 2017 thus, barred..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - On the ground of jurisdiction - In the instant case, parties by consent have conferred exclusivity of jurisdiction upon a Court within whose territorial limits, a part of cause of action arose therefore, petition U.O.7.R.11(d) CPC is not maintainable...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaintiff has no cause of action - Plaint cannot be rejected on this ground - Plaintiff having no cause of action is different from the contention that plaint fails to disclose any cause of action - Unless defendant makes out case that plaint fails to disclose cause of..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Fraud - Plaint bereft of ingredients of fraud - Plaint cannot be rejected when suit is not filed only on the ground of fraud...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34-- Rejection of plaint - Suit for declaration - Averments in plaint cannot be read as conceding possession of suit property in favour of defendants though there is pleading that attempts were made by defendants to take possession - Not a ground for rejecting plaint based on the proviso to S.34 of..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Issue of limitation is a mixed question of law and fact - Same can only be decided after framing issue raised in this regard during course of trial - Plaint cannot be rejected on the ground that plaint is barred by limitation...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Defendant in his application not indicated a word as to under which provision of law, suit is barred - Vague application U.O.7.R.11 CPC is filed - Even otherwise, plaint cannot be rejected, merely on the ground of limitation - Application dismissed...........

Showing : 1-10 of 79 Results