Showing : 1-10 of 142 Results

DELHI HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 10, 10A-- Return of plaint - Lack of territorial jurisdiction - If Court comes to conclusion that it has no territorial jurisdiction then Court not to decide other issues, including that U.O.2.R.2 CPC...........
CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Article 59-- Suit for cancellation of Will - Suit filed within three years of execution of Will - Plaint returned for presentation to proper Court - No amendment was sought by plaintiffs after return of plaint, therefore suit filed is not barred by limitation...........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Notice issued to Chief Secretary of State - Suit instituted against State represented by its Chief Secretary - Collector even if necessary party and not arrayed as a party, the same is not per se a ground to return plaint...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 9, Order 7, Rule 10, Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 72, 92-- Return of plaint - Bar of civil Court jurisdiction - Recovery suit filed by society - Filing of suit expressly barred by provision of S.72 of Co-operative Societies Act, as dispute touches Business of a Cooperative Society and has arisen between Society and its employees, being referable to..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 7, 8-- Family Court - Jurisdiction - Grant of maintenance under Hindu Adoption and Maintenance Act - Whenever a matrimonial petition is filed in civil Court in a city where Family Court is established then civil Court should return the plaint and should avoid unnecessary wastage of time, money and energy..........
GAUHATI HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 7(b)-- Validity of marriage - Third party questioning marriage - Petition at the instance of third party not maintainable before Family Court - Remedy lies before ordinary civil Court - Family Court directed to return plaint to plaintiff to present the same before appropriate civil Court...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80-- Notice - Non-compliance of S.80 CPC - Return of plaint - No relief claimed against officials of State - They impleaded only because plaintiff seeking cancellation of registered sale deed - Insistence by trial Court as to compliance with S.80 CPC is superfluous and unnecessary - Order of return of..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80, Order 7, Rule 10-- Return of plaint - Suit against government - Suit for injunction - Leave granted to institute suit as there was urgency and threat of being dispossessed - However when time came for plaintiff to obtain necessary relief in the nature of injunction, application was not pressed - Court should return..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80, Order 7, Rule 10-- Return of plaint - Non-compliance of S.80 CPC - Court shall return the plaint if it is satisfied after hearing of parties that no urgent or immediate relief may be granted...........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80, Order 7, Rule 10-- Return of plaint - Non-compliance of S.80 CPC - When leave is granted to institute a Suit and urgency is determined, Court only hears plaintiff - However, after grant of leave, whether urgent and immediate relief is to be granted or not, is a question which is decided after hearing both the sides..........

Showing : 1-10 of 142 Results