Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration without claiming further or consequential relief - Relevant only at the time of final adjudication of suit - Plaint not liable to be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff has made out a cause of action on perusal of plaint averments - Even, defendant in his application filed U.O.7.R.11 CPC, has also encapsulated averments made in plaint - Plaint cannot be rejected on that score...........
Civil Procedure Code, 1908, Section 115 -- (Orissa Amendment), O.7.R.11 - Revision - Rejection of plaint - When a revisional Court rejects a plaint, in substance, an application filed U.O.7.R.11 CPC is being allowed - Under such circumstances, remedy by way of a writ petition u/art 227 of Constitution could be availed - Although if plaint had been rejected by trial Court,..........
Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Appeal pending for seven years - Rejection of application that it should be heard while hearing of appeal - Looks almost an impossibility - This is incorrect approach - Bail granted...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Arbitration proceedings - Dispute referred to Arbitrator and objections taken in said arbitration proceedings cannot be looked into at the stage of deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Arbitration proceedings - Arbitration proceedings do not fall within the definition of suit - Provisions of CPC do not strictly apply to arbitration matters as provided u/s 19 of Arbitration and Conciliation Act, 1996 - Plaint cannot be rejected U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Objections raised U.O.2.R.2 and S.11 CPC - Contentions are self contradictory - If res judicata applies, then provision of O.2.R.2 CPC would not be applicable - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficit Court fee - Plaint cannot be rejected without following procedure prescribed U.O.7.R.11(c) and issue of deficit court fee can be decided only after framing of issues and leading evidence by parties...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Rejection of bail in non-bailable case at admission stage and cancellation of bail already granted have to be considered and dealt with on different basis - Very cogent and overwhelming circumstances are necessary for an order directing cancellation of bail already granted...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court can only consider the averments in the plaint and documents relied upon by plaintiff - Stand of defendant is irrelevant...........
