Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 16 -- Rejection of plaint and striking out pleadings - For striking out pleading or rejection of plaint, Court is not expected to decide the merits of controversy...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Election petition - Rejection of petition U.O.7.R.11 CPC - An application for rejection of election petition in limine purportedly U.O.7.R.11 CPC for non disclosure of cause of action, ought to be proceeded at the threshold...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration and permanent injunction - Cause of action - Even made out from the averments made by defendant in application for rejection of plaint - Order rejecting plaint, set aside...........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(a) -- Parole - Parole to petitioner rejected on ground that he is hardcore criminal and is involved in many serious offences - However, as per definition of hardcore prisoner, petitioner does not fall under the category of hardcore prisoner - Moreover, release on parole to be declined only if..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(b), 2(b) -- Parole - For the purpose of admission of children in school - Rejection of parole - Admittedly, no action has been taken on written representation which was sent through registered post - Neither representation is accepted nor denied - Even, petitioner does not fall under the category of..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Previous suit for specific performance and permanent injunction - Suit dismissed and appeal thereagainst pending - Subsequent suit for injunction on basis of same agreement to sell is barred by res judicata - Plaint rejected being barred by res judicata...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11(a) -- Rejection of plaint - Non-disclosure of cause of action - Suit for damages for defamation - Issuance of notice by counsel on behalf of his client to another counsel or party does not constitute defamation as there is no publication of defamatory material - In suit for damages, cause of action will arise only..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 99, 101 -- Execution - Objection by co-sharer - Decree of specific performance - Objector earlier also filed application objecting execution of decree, which was rejected on merits and attained finality - Yet after 5 years of such rejection, virtually on similar grounds subsequent application filed - Executing..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is only the plaint and not projected defence in written statement which is to be looked into to decide application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suppression and concealment of earlier suit between parties which attained finality - Held, defence projected in written statement cannot be looked into to decide application for rejection of plaint - It is only the plaint which is to be looked into to decide application for rejection of plaint...........
