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Showing : 321-330 of 4052 Results

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Commercial Courts Act, 2015, Section 12A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pre-litigation mediation - Whether mandatory - Pre-litigation mediation contemplated u/s 12-A of Commercial Courts Act is mandatory - Any suit instituted violating mandate of said provision must be visited with rejection of plaint U.O.7.R.11 CPC - This power can..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agreement to sell, power of attorney and sale deed whether forged and fabricated documents - Such disputed questions of fact can be decided on basis of evidence to be led by parties - Forgery pleaded cannot be a ground for rejection of plaint...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering an application U.O.7.R.11 CPC, averments in plaint alone are to be examined and no other extraneous factor can be taken into consideration...........

SIKKIM HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A(3) -- Applications filed for amendment of plaint and filing of written statement to counter claim - These two applications filed when High Court exercising jurisdiction U.O.41.R.25 CPC framed three additional issues and directed District Judge to examine the additional issues,..........

ALLAHABAD HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Amendment of plaint to strike out the name of defendant No.3 from array of parties - In case name of defendant No.3 is deleted it would lead to multiplicity of litigation - Application rightly rejected...........

TRIPURA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 9, Tripura Land Revenue and Land Reforms Act, 1960, Section 188 -- Suit for recovery of possession of suit land based on title - Maintainability of suit - Suit for plaintiff is not barred by S.188 of TLR & LR Act or by S.9 of CPC as contended defendant - Claim of relief of plaintiff can no way be entertained by Revenue Court and the so..........

KERALA HIGH COURT

Year of decision: 2022
Details

Easements Act, 1882, Section 13 -- Easement of necessity - Right of pathway - Severance of tenements and non-availability of alternate access proved by plaintiff - Mere fact that adjoining property belongs to wife of plaintiff and that said property has some other access will not deprive a claim of necessity by plaintiff for access to plaint schedule property - Plaintiff..........

MADRAS HIGH COURT

Year of decision: 2022
Details

Court Fees Act, 1870, Section 13 -- Refund of Court fee - Striking off plaint - Plaint had not been laid by mistake or inadvertence but with full knowledge - There is thus, a ignorance of law - Claim of plaintiff for refund of Court fee rightly rejected...........

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory and prohibitory injunction - Concurrent findings of Courts below that obstruction over suit property as alleged by plaintiff has already been removed by defendant pursuant to order of Tehsildar - As regarding claim of plaintiff regarding right to use the way in question, both the Courts below..........

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 11, 12, Order 7, Rule 11 -- Rejection of plaint - Objections raised by defendant in the case are beyond the scope of O.7.R.11 CPC - Such objections are to be examined after recording evidence of parties during course of trial while deciding suit on merits - It cannot be said that defendant would suffer from any miscarriage of justice in..........

Showing : 321-330 of 4052 Results