Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Offence u/ss 420, 467, 468 & 471 IPC - Rejection of discharge application - There is an allegation of preparation of a forged document of sale deed to be executed by way of impersonation, just to grab the property of the complainant, which is well supported with the statement of witnesses - No interference warranted in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application has to be decided entirely on a perusal of plaint and documents filed alognwith - Court cannot reject plaint on the basis of allegations made in the written statement...........
Land Acquisition Act, 1894, Section 23,54 -- Acquisition of land - Compensation - Sale instances - Rejection on ground of distance - Held, distance of sale instances and land acquired is not material - What is material is the distance of the two from the city - Moreover when State does not lead any evidence as to potentiality of the sale instances and land acquired then..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficiency in Court fee - Plaintiff has not only sought relief of declaration but has also sought relief of mandatory injunction - Plaintiff under garb of suit for declaration and mandatory injunction, was seeking payment of bonds which were payable on demand - Hence, he was liable to pay ad valorem..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff clearly stated in plaint that defendant No.2 is the holding company of plaintiff No.1 company and defendant Nos.3 to 17 are the directors of both defendant Nos.1 and 2 - It is the allegation of plaintiff that these defendants controlled the affairs of two companies - Plaintiff clearly stated..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit barred - Respondent Bank never prayed for rejection of plaint on the ground that it does not disclose cause of action - Only contention raised by respondent Bank is that it is barred u/s 18 of the Recovery of Debts Due to Banks and Financial Institutions Act - Material on record disclosed cause of..........
Civil Procedure Code, Order 7, Rule 11(d), Limitation Act, 1963, Section 19 -- Rejection of plaint - Plea that suit not filed within limitation - Signed acknowledgement extending date of limitation not in existence on date of filing of suit - Acknowledgment of payment in written statement not sufficient to extend limitation - Suit not maintainable...........
Civil Procedure Code, 1908, Section 96, Order 7, Rule 11 -- Rejection of plaint - Judgment rejecting a plaint is `decree' and is appealable u/s 96 CPC - Miscellaneous appeal u/s 104 r/w O.43.R.1 CPC is barred...........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Definition - Consists of three parts - Main, inclusionary and exclusionary part - Main part is explanatory in nature and defines `decree' as formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy - Inclusionary part expressly..........
Civil Procedure Code, 1908, Order 7, Rule 11, 12 -- Rejection of plaint - Court at the time of assuming jurisdiction can reject plaint for curable defects when not rectified or due to non curable defects - O.7.R.11(b), (c), (e), and (f) are curable defects - O.7.R.11(a) and (d) are defects when plaint does not disclose cause of action or suit is barred by any law - By..........
