Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Suit filed in Commercial Court not maintainable - Order dismissing application filed U.O.7.R.10 CPC set aside - Matter remitted back to re-allot the case to any other regular court, in accordance with law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For the purpose of considering the application U.O.7.R.11 CPC, only pleadings in the plaint has to be seen...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Civil suit challenging partition proceedings on the ground that same are in violation of principle of natural justice, is not barred by jurisdiction - Moreover, question a to whether there was a violation of principles of natural justice is a disputed question of fact which would be finally adjudicated..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding whether plaint reflects cause of action or not, Family Court was not required to make an elaborate inquiry into doubtfulness or complicated question of law or facts, but Court is restricted to ascertain whether cause of action is shown...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Mere asking for production of a document cannot and should not be accepted by Court - Plaintiff ought to have pleaded relevancy of documents in application...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - While considering an application moved U.O.7.R.14 CPC, Court should consider the stage of trial, exceptional circumstances indicated in application and relevancy of documents...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Provisions U.O.7.R.14(3) CPC are not hollow formality but rule of Court is essential...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Eviction petition - Ownership of title of property is not a subject matter before Rent Tribunal and admittedly petitioner is a tenant - Petitioner is not concerned with distribution of shares between brothers who are landlords, therefore, petitioner cannot get any undue advantage for the same - Since,..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(B) -- Illegal gratification - Demand for a bribe is a sine qua non for proving an offence u/ss 7, 13(1)(b) of the Act...........
