Civil Procedure Code, 1908, Section 9, 92, Order 7, Rule 11(d) -- Suit against Charitable Trust - Leave to institute suit granted after hearing parties - Thereafter application U.O.7.R.11 CPC for rejection of plaint is not maintainable - Application for rejection of plaint should be filed either prior to leave having been granted or at the time when applicant opposed grant..........
Civil Procedure Code, 1908, Section 20(c), Order 7, Rule 11 -- Copyright Act, 1957, Sections 55 and 62 - Territorial jurisdiction - Copy right - Infringement of - Permanent injunction - Suit filed at Delhi as plaintiff carries work and business at Delhi and further there is infringement at Delhi but defendant based in Calcutta - Both the Courts at Calcutta and Delhi would..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - If amendment does not change the nature of suit and does not affect the rights of the parties, it can be allowed at any point of time...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Dispossession during pendency of suit - Suit for cancellation of sale deed and injunction - Suit filed in 1982 and dispossession alleged to be in 1983 and amendment claiming relief of possession sought in 1996 - Amendment sought highly belated - Application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for mandatory injunction - By amendment sought to be converted to a suit for possession - Plaintiff was well aware of the facts which are sought to be incorporated in the plaint by way of amendment - Amendment will completely change the nature of suit from mandatory injunction to that of possession -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Question of jurisdiction as to whether suit is exclusively triable by civil court or revenue court - Has to be decided on averments made in the plaint - If in substance, relief claimed is one which the civil court is entitled to give being within its exclusive jurisdiction, then jurisdiction of revenue courts will be ousted..........
Criminal Procedure Code, 1973, Section 340 -- False evidence - Suit for recovery by bank - Officers of the bank had no personal interest in the suit - Document produced alongwith the plaint in the Court with a bona fide intention because the same was forming part of the bank record - It is not the case where it can be said that the alleged falsehood was deliberate and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for perpetual injunction - Amendment of plaint sought to seek relief of declaration of title and recovery of possession - Amendment sought does not alter the nature of suit - Amendment allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Partition suit - Rejection of plaint sought for - Plea of property being benami - Further alternative prayer to treat plea of benami as preliminary - Not tenable - Only can be decided after evidence - Entire suit cannot be thrown out on the plea of benami as being barred by Act...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration whereby plaintiff claiming title to property on ground that no Relinquishment deed was executed by him favour of co-owner - Right to sue arose when document was executed and duly registered - Suit filed after lapse of 16 years from date of execution of deed - Barred by time - Plaint..........
