Civil Procedure Code, 1908, Section 80, Order 7, Rule 10 -- Return of plaint - Suit against government - Suit for injunction - Leave granted to institute suit as there was urgency and threat of being dispossessed - However when time came for plaintiff to obtain necessary relief in the nature of injunction, application was not pressed - Court should return the plaint to..........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 10 -- Return of plaint - Non-compliance of S.80 CPC - Court shall return the plaint if it is satisfied after hearing of parties that no urgent or immediate relief may be granted...........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 10 -- Return of plaint - Non-compliance of S.80 CPC - When leave is granted to institute a Suit and urgency is determined, Court only hears plaintiff - However, after grant of leave, whether urgent and immediate relief is to be granted or not, is a question which is decided after hearing both the sides - Therefore, only..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - At the time of registration of suit Court has no power to venture into merits of the matter or possible disputed issues...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Prayer claiming larger extent than could be claimed as per suit agreement - This is not an issue which could have been gone into by trial Court at the time of registration of plaint - Trial Court had no power to determine as to the extent of relief that could be claimed at the very threshold and requiring..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Copyright violation - Territorial jurisdiction - There is no specific denial in written statement to averments in plaint, therefore, defendant deemed to have admitted such allegations - Moreover, defendants on its website admitted of its offices at New Delhi, being global company and as per its governing..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 10, 10A, 11 -- Jurisdiction - Parties by agreement can confer exclusive jurisdiction to Court at place where part of cause of action has arisen - Parties had signed form to abide the By-laws and these Bye-laws provide that Courts at Mumbai would have exclusive jurisdiction therefore Court at Fatehgarh Sahib lacks..........
Civil Procedure Code, 1908, Order 7, Rule 10A(2) -- Lack of territorial jurisdiction - Return of plaint - Plaintiff not specified the Court where they propose to present plaint on its return - Order of return of plaint could not have served any purpose - Dismissal of suit, held, proper...........
Civil Procedure Code, 1908, Order 7, Rule 10A(2) -- Lack of territorial jurisdiction - Return of plaint - O.7.R.10-A(2) CPC, oblige the plaintiff to make an application to Court specifying the Court in which he proposes to present the plaint after its return...........
Guardians and Wards Act, 1890, Section 9, 25, Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Territorial jurisdiction - Custody of minor - Child ordinarily residing with mother at Chandigarh when he was removed by father to Kalka - Therefore, Chandigarh Court has jurisdiction - Even otherwise, Chandigarh and Panchkula are adjoining cities - There is..........
