Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Injunction suit without seeking quashment of notice issued by defendant Nos.1 and 2 - May be a defect or lacunae in a suit, but they are not so fundamental so as to warrant nibbing of suit in bud - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Injunction suit - Averments in plaint clearly brings to fore not only cause of action but also threat perception of plaintiff that electricity and water connection would be disconnected - It cannot be discerned that suit in question is frivolous or does not show any..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Injunction suit restraining defendants from disconnecting electric and water supply - Contention that suit is barred as plaintiff had an efficacious remedy of appearing before concerned authority - Contention rejected, as apart from fact that relief of injunction cannot be granted by any other authority..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Ad valorem Court fee - Simpliciter suit for declaration that sale deed is null and void filed by plaintiff, as they are stated to be in possession of suit property - Plaintiff not sought for relief of possession and cancellation of sale deed - It cannot be said that plaintiff would deem to be party of..........
Criminal Procedure Code, 1973, Section 438 -- Second application for anticipatory bail - High Court while allowing anticipatory bail application of accused has not assigned any valid reason or shown any change of circumstance since rejection of first application for anticipatory bail - More so, Supreme Court vide its earlier order observed that accused is at liberty to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Defendant contended that suit pertains to a public religious endowment, thus suit is barred, as prior permission u/s 92 CPC not taken before institution of suit - Contention rejected, as question regarding property in suit pertains to religious endowment cannot be determined at this stage, as same..........
Constitution of India, 1950, Article 14 -- Tender - Rejection of Bid - Scope of Judicial review - Petitioner used turnover and balance sheets of Super Construction in order to enhance its bid capacity, then at the same time, petitioner was also liable to show liabilities and on going work - Petitioner failed to fulfil criteria laid down in Standard Bidding Document - In..........
Civil Procedure Code, 1908, Order 47, Rule 7, Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(e) -- Review against the order passed by Tribunal - Dismissal of application for condonation of delay in filing of review application - Writ petition - Is maintainable - No appeal would lie from the rejection of..........
Civil Procedure Code, 1908, Order 47, Rule 7, Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(e) -- Review against the order passed by Tribunal - Dismissal of application for condonation of delay in filing of review application - Writ petition - Maintainability - Mere fact that review application is shown..........
Civil Procedure Code, 1908, Section 86, Order 7, Rule 11 -- Rejection of plaint - Suit against foreign State - Consent of Central Government - U.O.7.R.11 CPC only averments in plaint and documents annexed thereto have to be examined and believed to be true and correct - Therefore, in absence of Central Government, legality and validity of sanction u/s 86(2) CPC cannot be..........
