Civil Procedure Code, 1908, Order 13, Rule 3 -- Rejection of irrelevant or inadmissible documents - There is a difference between relevance of a document or its admissibility or inadmissibility - Court may reject a document if it is not relevant to the matter in controversy but so far as admissibility is concerned, an objection against admissibility should be decided as..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If interpretation of any of provision is involved, same can be urged only after completion of full trial and it cannot serve as ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Non-reflection of plaintiffs acceptance of offer made by defendant in sale agreement cannot serve as ground for rejection of plaint, particularly when prima facie there was acceptance on part of plaintiff to maintain the suit - Moreover, whether there is acceptance of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - When there is disputed question of fact qua limitation, plaint cannot be rejected without appreciating evidence let in on either side...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Whether as per S.19(b) of Specific Relief Act, property was purchased by defendant No.2 in good faith or not can be adjudicated upon only after appreciation of evidence and it is not proper for trial Court to reject plaint before that stage - Application dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Suit filed by taking plea that earlier oral partition between parties was denied by the defendant - Plaint cannot be rejected in view of the denial of plaintiff's statement made in the plaint that oral partition was denied by the defendants and that prompted plaintiff to file the..........
Criminal Procedure Code, 1973, Section 173 -- New trial - Improper evidence or rejection of evidence - Not a ground for new trial or reversal of any decision in any case, if it shall appear to Court before which such objection is raised that independently of evidence objected to and admitted, there was sufficient evidence to justify decision or that if rejected evidence..........
Limitation Act, 1963, Article 113, 18, 55 -- Limitation - Recovery of money claimed under a contract - Date of final payment is crucial for determination of period of limitation dehors the correspondences exchanged between parties after date of final payment - However, where plaintiff after payment of final bill reiterates its claim for additional payment on different..........
Criminal Procedure Code, 1973, Section 203, 2(d) -- Complaint - Rejection of complaint against some of the accused - When there are not sufficient grounds against a particular accused, complaint can be dismissed against him and the earliest stage to pass such an order is the one contemplated u/s 203 Cr.P.C. and not earlier...........
Constitution of India, 1950, Article 226, Bar Associations (Constitution and Registrations) Rules, 2015, Rule 11 -- Election - Rejection of nomination of petitioner by Returning Officer - In the instant case, delay regarding scrutiny of nomination of petitioner is malafide as petitioner can be granted time to remove defect by certifying correction on over-writing which is..........
