Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Disputed questions of fact require full-fledged trial which cannot be summarily discarded at the gateway of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Unwarranted pre-determination of merits under the guise of O.7.R.11 CPC cannot be sustained...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint discloses a clear cause of action, raises contentious questions of fact and seeks adjudication regarding nature, extent and legality of possession - Such issues cannot be brushed aside at the entry gate - Order rejecting plaint set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where complex and contentious matters arise, plaintiff must be afforded an opportunity to prove his case rather than being shut out at the very threshold...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Applicability of provisions of J&K Agrarian Reformers Act - Issue that falls for determination is as to whether defendant is entitled to resume suit land on the basis that mutation u/s 7 of J&K Agrarian Reformers Act stands attested in his favour way back in the year 1987 - Plaintiffs are resisting..........
Indian Penal Code, 1860, Section 376(2)(n), 417 -- Rape - Conviction - Prosecutrix and appellant solemnized marriage and are residing together - Supreme Court in exercise of its power under Article 142 of Constitution quashed FIR and order of conviction and sentence...........
Indian Penal Code, 1860, Section 376(2)(n), 417 -- Rape - Conviction - Prosecutrix and appellant solemnized marriage and are residing together - FIR and order of conviction and sentence quashed - Owing to criminal complaint appellant was suspended from service - Direction issued to CMO to revoke the order of suspension and to pay arrears of salary to appellant...........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of plaint - Lack of territorial jurisdiction - After return of plaint by Court lacking jurisdiction, suit has to proceed de novo before competent Court, even if evidence of parties stood concluded before Court which returns the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A -- Return of plaint - Lack of territorial jurisdiction - Provisions U.O.7.R.10 r/w O.7.R.10-A CPC cannot be interpreted as providing any discretion to Court to proceed in suit from the stage from which plaint was returned...........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of plaint - Lack of territorial jurisdiction - Once it is concluded that initial proceedings were held before a Court which lacked jurisdiction, written statement and other evidence that may have been led by parties before said Court become non-est in the eyes of law and defendants are within their right to file their..........
