Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint on ground of jurisdiction - Plaint returned for presentation before competent Court - Status quo order passed for a period of one month in order to enable plaintiff to file proper petition before competent court and to avail his legal remedies in accordance with law...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejection of plaint - Earlier suit dismissed U.O.9.R.8 CPC - Subsequent suit filed only after changing nomenclature of suit - Clever pleadings made in subsequent suit just to create some unfounded illusion regarding cause of action in..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of the plaint U.O.7.R.11 CPC - Does not operate as a bar of res judicata - Therefore, judgment passed by Court below does not have effect of divesting ownership title of plaintiff in the suit property and which was purchased in terms of documentation executed by defendant No.2 in favour of plaintiff...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint/dismissal of suit - Issue of relationship of landlord and tenant decided by Rent Controller - Same issue re-agitated in civil suit - Issue already settled cannot be allowed to be re-agitated all over again - Suit dismissed in exercise of inherent power u/s 151 CPC...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 5, 23 -- Welfare of senior citizens - Rejection of application - Legality of - No parental abuse - Suit for possession and refund of Rs.46,54,465/- along with interest - Mis-appropriation of joint family funds - Senior citizen filed application against one son with the help of other sons - Two..........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34 -- Rejection of plaint - Suit for declaration and permanent injunction that sale deed executed by defendant Nos.1 to 6 in favour of defendant No.7 is not binding on plaintiff and restraining defendants from alienating or encumbering or creating third party rights - Plaintiff in possession..........
Criminal Procedure Code, 1973, Section 41 -- Arrest - Mere rejection of anticipatory bail application of accused is no ground to arrest accused - Dismissal of said application leaves accused unprotected against his arrest, but it does not visit accused with inevitable consequence of his being taken into custody by police...........
Criminal Procedure Code, 1973, Section 437 -- Bail - While considering regular bail application of accused u/s 437 Cr.P.C, factum of rejection or acceptance of anticipatory bail application by itself is not germane - However, factors which weighted with Court while either rejecting or granting anticipatory bail to accused or such of them as are relevant post filing of..........
Criminal Procedure Code, 1973, Section 173 -- Charge sheet - When charge sheet is filed before Court/Magistrate without arresting accused, despite rejection of his anticipatory bail application by High Court, it is not open to Court to examine where exercise of discretion by I.O not to arrest accused despite rejection of his anticipatory bail application by High Court has..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for damages - Court fee - Valuation put forth by plaintiff has to be tentative and cannot be disputed and where Court is unable to say what the correct valuation of the relief is, plaintiff cannot be called upon to pay the entire court fee which is yet to be ascertained - Court fee payable shall be..........
