Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Contentions/objections of applicant can be decided only on merits by examining both oral and documentary evidence at length and only then it can be ascertained whether contentions/objections of applicant are correct or not - Rejection of application calls for no interference...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Court has to look into the plaint averments and documents filed along with plaint but not the averments in written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Plaint averments contains proper cause of action which does not per se disclose that suit is barred by limitation - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 354(A), Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Quashing of FIR - Rape case - Victim has not furnished any information in regard to date and time of commission of alleged offence - Investigation has been completed and charge sheet is ready to be filed - In..........
Civil Procedure Code, 1908, Order 7, Rule 11, Constitution of India, 1950, Article 227 -- Rejection of plaint - Civil Revision Petition under Article 227 of Constitution to reject plaint - Not maintainable when remedy is available U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Determination of valuation of suit pertaining to infringement of trade mark is a mixed question of facts and law and same can be decided at the time of final adjudication of suit - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Determination of valuation of suit pertaining to infringement of trade mark is a mixed question of facts and law and same can be decided at the time of final adjudication of suit - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Matter pertaining to infringement of trademark and there is recurring loss in the business of plaintiff - Pleadings shows clear urgency in the matter - Provision u/s 12-A of the Act not applicable, as same can be attracted only in cases which do..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Matter pertaining to infringement of trademark and there is recurring loss in the business of plaintiff - Pleadings shows clear urgency in the matter - Provision u/s 12-A of the Act not applicable, as same can be attracted only in cases which do..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - Allegation that A-1 demanded and accepted Rs.1500 as bribe and he shared Rs.500 with A-2 - PW1 and PW2 are direct witnesses for receipt of money by A-1 - Testimony of both these witnesses are corroborating each other and there is no contradiction - Opportunity..........
