Civil Procedure Code, 1908, Order 6, Rule 16 -- Rejection of a part of the plaint - O.6.R.16 CPC does not apply when there is no plea or averment to the effect that, as against the Directors, pleadings should be struck out on the ground that they are unnecessary, scandalous, frivolous, vexatious or that they may otherwise tend to prejudice, embarrass or delay the fair..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of name of defendant - Suit for recovery of damages for defamation - Suit proceeded not against publishers of news but against persons who are prosecuting plaintiff for offence complained - Information which defendant/I.O has supplied to newspaper is not beyond contents of FIR or is contrary to investigation carried..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i) -- Rent and eviction - Fixation of fair rent - Sale of suit property during pendency - As per material available on record, tenant admitted that earlier landlord has assigned all rights, title, interest and legal rights to present landlord - Therefore,..........
Hindu Marriage Act, 1955, Section 13, Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Divorce - Striking off pleadings for non payment of maintenance ordered to be paid u/s 125 Cr.P.C. - If one of the parties to the lis is in arrears of payment of maintenance directed to be paid by a competent Court having..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of proceedings - Cheating - Forged Will - Matter is sub judice in Civil Court regarding genuineness of disputed Will - Institution of criminal proceedings therefore, on the allegation that Will is forged one would be abuse of process of law - Criminal proceedings..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 506, 120B -- Cheating - Quashing of proceedings - Allegation that co-sharer executed sale deed in favour of petitioner in excess of his share - As per material on record no fraud or deception has been caused by petitioner or co accused on informant - Dispute is purely of civil..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Pleadings can be struck off in three situations : (a) when pleadings are considered as unnecessary or scandalous or frivolous or vexatious (b) if Court feels that pleadings may tend to prejudice or delay the fair trial of suit or (c) if the pleadings are otherwise an abuse of the process of Court...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Dismissal of application U.O.7.R.11 CPC - Reagitating the same plea in an application U.O.6.R.16 CPC - Held, filing of such application on the similar ground, which was already taken in the previous application, is nothing but an abuse of process of law...........
Civil Procedure Code, 1908, Section 35, 35A -- Exemplary costs - Frivolous litigation - Eviction decree - Non vacating premises despite an unconditional undertaking to vacate - It would be manifestly an abuse of the process to seek recourse to remedies on merits of the issues - Costs imposed of Rs.5 lakhs with other directions to vacate the premises, etc...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - Court by resort to O.10 CPC can search examination of a party and in case Court is prima facie of the view that suit is an abuse of the process of Court in the sense that it is a bogus and irresponsible litigation, jurisdiction U.O.7.R.11 CPC can be exercised...........
