Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-payment of ad valorem Court fee - Plaint rejected as plaintiff failed to deposit ad valorem Court fee despite granting two opportunities - However, considering nature of litigation, it is in the interest of justice that case is decided on merits and therefore, impugned order set aside subject to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint to be read meaningfully and as a whole - Plaint has to be taken to be true - If upon such reading it discloses a cause of action, then application must fail and in case it does not disclose a cause of action then plaint shall be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At this stage, Court is not concerned with the correctness of averments...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Condition that plaint contemplates an urgent interim relief is satisfied - Application U.O.7.R.11 CPC rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Non-grant of interim relief at the ad-interim stage when plaint is taken up for registration/admission and examination will not justify dismissal of commercial suit U.O.7.R.11 CPC, as at times interim relief is granted after issuance of notice...........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Suit cannot be dismissed U.O.7.R.11 CPC merely because interim relief post the arguments is denied on merits on examination of three principles i.e (i) prima facie case; (ii) irreparable harm and injury; and (iii) balance of convenience...........
Civil Procedure Code, 1908, Section 19, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Suit for compensation for wrong done - Mere injury or wrong done without anything more would not suffice to sustain claim of compensation - Wrong done takes both the act and effect - In the instant case, death of daughter of plaintiff happened in Delhi but its..........
Criminal Procedure Code, 1973, Section 195, 340 -- False evidence - Merely because accused in plaint and in their affidavit filed in lieu of examination-in-chief in civil suit have stated lease period of 11 months instead of 10 years, does not amount to giving false evidence, as they had no intention to take any favourable orders of Court based on said statement -..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Plaintiffs specifically asserted in plaint that a notice was served upon them to vacate the possession - It shows that plaintiffs were not being dispossessed forcibly - Therefore injunction could not have been granted to the plaintiffs on the plea that a trespasser cannot be ejected from the land in his/her..........
