Arbitration and Conciliation Act, 1996, Section 34, 37, Commercial Courts Act, 2015, Section 13(1), Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 10 -- Arbitration award setting aside - Rejection of plaint on ground of jurisdiction - There is no adjudication u/s.34 of Act, 1996 - Special Commercial Court allowed an application..........
Limitation Act, 1963, Section 12(4), Article 76, Civil Procedure Code, 1908, Order 7, Rule 1 -- Malicious prosecution - Suit for damages - Limitation prescribed is one year - Exclusion of time in legal proceedings - Order of acquittal passed on 23.04.2014 and suit for compensation instituted on 23.06.2015 - Nothing on record in regard to the time consumed in obtaining..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 14, Rule 1 -- Rejection of plaint - Issue framed as to whether plaint is liable to be rejected - Said issue should be decided as preliminary issue...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 47, Rule 1 -- Rejection of plaint - Non-payment of balance Court fee - Remedy thereagainst is to file an appeal as rejection of plaint is a decree - Where plaintiff could make out grounds for review then even such a remedy is not foreclosed, provided grounds of review are disclosed...........
Civil Procedure Code, 1908, Order 8, Rule 1A, Civil Procedure Code, 1908, Order 13, Rule 1(3)(a), Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents by defendant to confront plaintiff during plaintiff's cross-examination - Not permissible - Defendants had to follow mandate as contained in O.8.R.1 CPC, which it had to otherwise rely upon in a list of..........
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Relief - Only that relief can be granted which is claimed by plaintiff in the plaint - Such relief can be granted only on the pleadings but not beyond it - In other words, Courts cannot travel beyond the pleadings for granting any relief...........
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2, Specific Relief Act, 1963, Section 34 -- Suit for declaration - Relief of partition and possession - Plaintiff not claimed any relief of partition and possession - No pleadings regarding partition - No Court fees paid - It also not mentioned that all joint family properties are..........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 10, 11 -- Rejection of plaint - Appeal U.O.43.R.1 CPC - Not maintainable - Appeal provided U.O.43.R.1 CPC is only against order of return of plaint passed U.O.7.R.10 CPC and not against order U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Rejection of plaint - Amounts to decree - Appeal thereagainst is maintainable...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Rejection of plaint - Court can reject plaint by exercising its inherent jurisdiction and order is appealable by virtue of O.43.R.1(a) of the Code...........
