Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Rejection of application - Revision petition thereagainst - Grounds taken in revision petition were neither raised in the application filed U.O.7.R.11 CPC nor were argued before concerned Court - Grounds now raised not grounds to be dealt with at the stage of deciding application U.O.7.R.11 CPC -..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint and return of plaint - A plaint cannot be both rejected and returned at the same time - These two actions have distinct purposes under law...........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - FIR disclosed nothing more than a commercial relationship which broke - Dispute involved appears to be of civil nature for which continuation of criminal proceedings cannot be allowed - None of ingredients of any of offences complained against..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of issues - Issues not framed by trial Court - However, on the basis of pleadings of parties, trial Court rightly framed point for determination - Since point for determination was framed, there was no illegality in not framing issues...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Numerous opportunities given to plaintiff by trial Court to lead evidence but plaintiff failed to appear himself before trial Court - Trial Court rightly closed evidence of plaintiff and rightly came to conclusion that his evidence could not be read - Trial Court and first appellate..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Commercial suit - Rejection of plaint - Non-compliance of provision of S.12-A of Commercial Courts Act - If suit is instituted on or after 20.8.2022, without complying with S.12-A of Commercial Courts Act, then it must meet with rejection U.O.7.R.11 CPC, either on an application by..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, 10 -- Rejection of plaint - Application partly allowed and plaint ordered to be returned - Plaint was reinstituted with the same facts and no new facts were introduced - An application u/s 151 CPC was filed for taking and admitting the same plaint alongwith certain invoices, bills, vouchers etc. showing conferring..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For entertaining a plaint and for rejection of a plaint, contents of averments made/pleaded in plaint are required to be seen and if no cause of action has arisen, then suit can be rejected U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC, Court's focus is mainly on contents of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Once a plaint is returned to plaintiff, same should not be entertained on basis of same averments made earlier in same plaint...........
