Registration Act, 1908, Section 72 -- Sale deed - Refusal to register - Sub-registrar collected fee and validated document - Once document is made valid, it is not open for respondents to declare validated document as a document without having force of law and rejection to register document by referring to validated document ex facie illegal - Order of refusal to register..........
Insolvency and Bankruptcy Code, 2016, Section 7, 30(2), (4), 31(1) -- Resolution plan - Rejection of application for extension of time for approval - Resolution applicant seeking rectification of said order - Applicant sought extension for re-negotiation of its resolution plan in light of effect on the business due to COVID-19 pandemic - Conduct of applicant not bonafide..........
Service -- Freedom Fighter's Pension - Earlier application for claim of pension was rejected and said order became final being not challenged - After 13 years of such rejection, respondent again made a second time claim for pension - Respondent not disclosed his earlier rejection by producing earlier orders while making second time before appellant and also before High..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit barred by law - Partition suit - Question as to whether suit is maintainable or not or whether plaintiffs are entitled for relief of partition, would have to be adjudicated after evidence is lead by both the parties - It cannot be concluded that suit is barred and plaint is liable to rejected..........
Civil Procedure Code, 1908, Section 80(2) -- Notice u/s 80(2) CPC - Suit for declaration against termination of lease agreement - Prayer made in suit as well as application U.O.39.Rr.1, 2 CPC would necessarily have to be decided by trial Court after issuing notice to defendants - Urgency as pleaded by plaintiff in plaint and in application U/s 80(2) CPC cannot be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering an application U.O.7.R.11 CPC, Court is not to look into strength or weakness of case of plaintiff or defence raised by defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - To decide an application U.O.7.R.11 CPC, there should be meaningful reading of plaint as a whole...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Provision of O.7.R.11 CPC is not exhaustive - Court has inherent power to see that frivolous or vexatious litigations are not allowed to consume the time of Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Claim in suit based on an agreement executed through power of attorney holder - Court is not debarred from looking into power of attorney - It is open to Court to read terms of Power of Attorney alongwith plaint in the same manner as documents appended to the plaint, which form part of the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of plaintiff that plaint discloses triable issued as such plaint should not be rejected at the initial stage - Entire base of filing of suit is pre-emption agreement executed by Power of Attorney holder - To confer a right and to bind the owner, there has to be a valid Power of Attorney - In the..........