Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - When there was a specific averment in plaint with respect to suit being within limitation from the date of knowledge, it was not a case for rejection of plaint U.O.7.R.11 CPC at the stage of registration...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At this stage only plaint averments are to be considered and are to be taken as true and correct on their face value...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Question of second suit whether barred by law U.O.2.R.2 CPC, cannot be decided U.O.7.R.11 CPC at the preliminary stage of registration...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected U.O.7.R.11 CPC at the stage of registration neither on the ground of barred by limitation nor on ground of no cause of action...........
Civil Procedure Code, 1908, Order 7, Rule 11, Andhra Pradesh Court Fee and Suits Valuation Act, 1956, Section 63, 64 -- Rejection of plaint - Refund of Court fee - Appellate Court set aside order of rejection of plaint - Appellants are entitled for refund of Court fee paid on appeal...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Scope of O.7.R.11 CPC is limited to defects apparent from the plaint itself and intent behind it is to prevent misuse of legal process with a view to ensure that only genuine disputes proceed to trial...........
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..........
