Civil Procedure Code, 1908, Order 7, Rule 11, Carriers by Road Act, 2007, Section 16 -- Rejection of counter claim - Counter claim against common carrier in respect of claims for damages for the loss of reputation, business opportunity etc. - Such claims are not in connection with damage or loss to the consignment - S.16 of the Act of 2007 does not come into play -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Arbitration award under Uniform Domain Name dispute Resolution Policy (UDNRP) - Rule 4(k) and 18 of UDNRP does not prohibit the proceedings of Civil Court - Rejection of application U.O.7.R.11 CPC by trial Court, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11, Arbitration and Conciliation Act, 1996, Section 8 -- Rejection of plaint - Arbitration agreement - As arbitration agreement is applicable to the subject matter of dispute as such trial Judge was justified in referring the dispute to arbitration...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint ought to be rejected if it is vexatious, illusory cause of action and barred by limitation and it is a clear case of clever drafting...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Second application for rejection of plaint - Same plea was raised earlier - Principles of res judicata/constructive judicata are applicable in the subsequent stages of same proceedings during pendency of suit - Order dismissing application on ground of res judicata, upheld...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail obtained by stating wrong facts in affidavit and suppressing of earlier rejection of bail application by High Court - Order cancelling bail upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit barred by law - Court is to be guided by averments in the plaint and not the defence taken...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for specific performance - No explanation as to why plaintiffs remained silent for a period of 12 years from the date on which the complete balance sale consideration was paid by plaintiffs till the date on which the legal notice was issued to defendants - There is no..........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Tenancy Act, 1955, Section 207 -- Rejection of plaint - Suit for declaration, correction in the revenue record, partition and permanent injunction - Agricultural lands - Ancestral properties - S.207 of Act of 1955 provides that cognizance of any suit or application qua which relief could be granted by a Revenue Court..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Plaintiff directed to pay ad valorem Court fee as per market value of property without specifying as to how the market value is to be calculated and by whom - Trial Court should first determine market value of suit property by allowing parties to place on record documentary evidence in that..........
