Showing : 41-50 of 142 Results

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..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint for presentation in a Court having jurisdiction - Plaintiff has every right to amend the plaint before it is presented in the proper court - Plaintiff need not to take permission of any Court for its amendment before it is presented before the proper Court...........
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...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 10A, Limitation Act, 1963, Section 14-- Return of plaint for presentation in proper Court - When plaintiff presents the plaint in Court in which it should have been instituted, he may get the benefit of S.14 of Limitation Act - However, if plaintiff does not want to claim benefit of S.14 of Limitation Act, he need not present the plaint..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Want of jurisdiction - Court shall return the vakalath and documents filed by plaintiff when plaint is returned for want of jurisdiction - However, it shall not give plaintiff written statement or documents or other proceedings filed by other party...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 10A-- Return of plaint for presentation to proper Court - If plaint presented in proper Court after its return is a new plaint, defendant has every right to file a new written statement even though he had filed a written statement in Court which returned the plaint - But it is not necessary for him to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10-- Jurisdiction - Parties by agreement restricted jurisdiction to one out of Courts at two places - While considering application for return of plaint issue of jurisdiction cannot be left open by holding that issue of jurisdiction is a contentious one and that it required oral evidence when the same..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Temporary injunction - Restraining defendants from interfering with the plaintiff's peaceful possession and enjoyment of suit property - Plaintiff no.2 though claimed to be owner of suit property but original title deeds of suit property are admittedly with defendants - Even no relief is claimed..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 10(1)-- Return of plaint - Can only be when Court comes to conclusion that suit ought to have been instituted in another Court - However, when civil Court comes to conclusion that it has no jurisdiction to entertain suit on the ground that same is barred due to availability of a statutory remedy under a..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 7, Rule 10-- Return of plaint - Lack of jurisdiction - Dispute relating to Wakf property - Matter falls within ambit of Wakf Act and only Wakf Tribunal has jurisdiction to dispose of the dispute - Civil Court has no jurisdiction to decide the same - When special remedy is provided in a special statute then..........

Showing : 41-50 of 142 Results