Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If upon a meaningful reading of plaint, Court reaches to a conclusion that drafting of plaint is such as to create an illusion of cause of action, whereas suit is barred by limitation, plaint can be rejected U.O.7.R.11 CPC...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 118(2), 110, 190, 296(b) -- Anticipatory bail - Offence u/ss 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 118(2), 110, 190, 296(b) BNS - Brutal attack on an Advocate for drafting a complaint - Petitioners are political leaders -..........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Court fee - Suit for declaration, joint possession and permanent injunction - Plaintiffs on the one hand have claimed that they are in possession of suit properties and have sought injunction also - However, on the other hand they have prayed that if they are not found to be in possession, a decree of joint possession be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Affidavit in support of application - Prima facie case, balance of convenience and irreparable loss are not empty phrases - These are the factors to be kept in mind while drafting affidavits and are factors to be kept in mind by judges while granting temporary injunction...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - An inartistic or improper drafting of relief portion in the amendment application can be a matter for decision at the appropriate stage by Court trying the suit - At any rate such inaccurately crafted prayer cannot militate against the substance inside expressed in the amendment application...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint ought to be rejected if it is vexatious, illusory cause of action and barred by limitation and it is a clear case of clever drafting...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - No illusory cause of action created by clever drafting by reading the plaint holistically - Order rejecting plaint set aside...........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal - Drafting of appeal memo lacking some ingredients - Not a ground to dismiss appeal...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cancellation of sale deed on ground of fraud and misrepresentation - Suit filed after a period of 10 years from the date of execution of registered sale deed - Nothing has been mentioned on which date and how plaintiff had the knowledge that document was obtained by fraud and/or misrepresentation -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Mere clever drafting would not permit plaintiff to make suit maintainable which otherwise is not maintainable and/or barred by law...........
