Showing : 71-80 of 137 Results

KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 20, Order 7, Rule 11-- Territorial jurisdiction - Loss of answer books - Suit for damages against University - Suit filed in a Court at place `M' where University is not having any office nor cause of action arising within limits of said Court - Held, return of plaint is proper...........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Non-discloser of cause of action - Rejection of plaint - Prayer for return of plaint instead of rejection - Held, prayer could have been only accepted when plaint was liable to be rejected under clause (d) as barred by law being triable by a revenue court but in present case it has also been found..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10-- Return of plaint - Agreement between parties - Ouster clause pertaining to jurisdiction - Adherence to - Held, ordinarily Court would respect arrangement/agreement entered between the parties and court is not obliged to entertain suit and would be guided by agreement entered between the parties..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Guardians and Wards Act, 1890, Section 47, Family Courts Act, 1984, Section 19- - Custody of child - Suit for mandatory injunction by wife - Return of plaint to plaintiff-appellant for presentation before proper court of jurisdiction - Appeal against said order u/s 47 of the Act - Maintainability - Held, S.47 of the Act does not include any order passed by the Family Court..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 43, Rule 1(a)-- Return of plaint for presentation before proper Court of jurisdiction - Appeal against - Held, it is an order purportedly passed U.O.7.R.10 CPC against which First Appeal From Order is provided U.O.43.R.1(a) CPC...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Value more than jurisdiction - Order set aside in appeal as exact value of property can be determined only when parties lead evidence - Plaint sent to Civil Judge (Senior Division) and not to Civil Judge (Junior Division) by holding that in case on the basis of evidence to be..........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Specific performance - Plaint sought to be amended for return of advance money with interest - Held, in accordance with proviso to sub-section (2) of Section 22 of the Specific Relief Act, 1963, plaintiff is entitled to claim such relief and is also entitled to amend his..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 10, Specific Relief Act, 1963, Section 20-- Return of plaint - Held, a "suit for land" is a suit in which the relief claimed relates to title to or delivery of possession of land or immovable property - Whether a suit as a "suit for land" or not has to be determined on the averments in the plaint with reference to the reliefs claimed..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 10, 10-A-- Return of plaint - Court may return plaint for presentation before proper Court at any stage of suit, even at the stage of appeal or revision - Court when follows the procedure U.O.7.R.10-A CPC for return of plaint then such an order is not appealable - No C.M.A. lies...........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 14-- Return of plaint for presentation to proper Court - Power of appellate or revisional Court - Held, Court of appeal or revision may direct, after setting aside the decree passed in a suit, return of the plaint - Even if the Court had recorded findings on all issues including the issue of..........

Showing : 71-80 of 137 Results