Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession/eviction - Plaintiff is claiming ownership over shop in question on the basis of preliminary partition decree - Admittedly, preliminary decree cannot be questioned by defendants as they have no locus standi to challenge the same being tenants and has not alleged that preliminary..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties after rejection of appeal against conviction filed by petitioner - Cost of Rs.7.5% of cheque amount deserves to be imposed upon petitioner - Conviction and sentence set aside on the basis of compromise subject to deposition of cost as..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 7, Rule 10 -- Rejection/return of plaint - Jurisdiction of Court - Infringement of trade mark - Suit filed at the place where plaintiff resides and has his principal place of business - Registered proprietor or a registered user of trademark may institute an infringement suit where plaintiff..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Where an application is made for rejection of plaint on the ground that suit is barred by law of limitation, it would be duty of Court to scrutinize the averments contained in plaint as a whole and on their face value to ascertain the bar of limitation and to take a decision..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Questions relating to starting point of limitation and reckoning date of knowledge of essential facts, which form basis of cause of action, would have to be held to be triable issues and a suit cannot be dismissed at the threshold or upon an application U.O.7.R.11(d) CPC in..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Rejection of plaint on the ground of limitation would not be legally sustainable unless the same is apparent from a plain reading of plaint averments and is to be derived on the strength of pleadings and evidence to be adduced by parties...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Where date of knowledge has been specifically pleaded in the plaint and forms the basis of accrual of cause of action, issue of limitation cannot be decided at the threshold - Question of limitation, in such a situation, would be a mixed question of fact and law, which would..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - All the claimed reliefs cannot be prima facie termed to be barred by limitation - Plaint cannot be rejected in part - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Commercial dispute - Bar of civil Court jurisdiction - Commercial dispute of a specified value which is cognizable only by Commercial Court and not by Civil Court - Plaint rightly returned for presentation to proper Court of jurisdiction...........
