Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Replication, if filed, in a given situation, the same also can be looked into to see whether there is any admission on the part of plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - U.O.7.R.11 CPC, Court has to take a decision looking at the pleadings of the plaintiff only and not on the rebuttal made by defendant or any other materials produced by defendant...........
Constitution of India, 1950, Article 19(1)(a) -- Right of voters - Voters have fundamental right to know academic qualification of candidate contesting election - It is duty of candidate to give true details - Any false declaration, may result in rejection of nomination papers...........
Civil Procedure Code, 1908, Order 6, Rule 16, Civil Procedure Code, 1908, Order 7, Rule 11, Representation of the Peoples Act, 1951, Section 77(1), 83 -- Election petition - Rejection of - Petitioner challenging election on ground of candidate incurring expenses beyond limit - Petitioner showing expenses incurred in newspaper advertisements and public meetings by..........
Representation of the Peoples Act, 1951, Section 33(5), 36(2)(b), 100(1)(a) - - Election - Rejection of election of returned candidate - Election petition as per Ss.87 of Act, 1951 has to be in accordance with provisions of the Code - When no pleadings that the election of the returned candidate was void on grounds mentioned in S.100(1)(a) of the Act were made, High Court,..........
Civil Procedure Code, 1908, Order 7, Rule 11, Employees Provident Funds and Miscellaneous Provisions Act, 1952, Section 7L(4) -- Rejection of plaint - Rejection of plaint on institutional ground is different from dismissal of suit at pre-trial stage on ground of maintainability - For dismissal on preliminary issue, Court is entitled and liable to look into entire documents..........
Tender -- Rejection of bid - Justifiability - Appellant bidder does not possess the registration certificate issued by Central Insecticide Board (CIB) - Registration certificate is necessary in view of mandatory clause of 6.1(A)(d)6 (as amended) of Instructions to bidders at the time of opening tender, failing which bid was to be no, responsive - Even if amendment in said..........
Customs Tariff Act, 1975, Section 3A, Customs Act, 1962, Section 25 -- Refund of Special Additional Duty - Rejection thereof - Protocol to the Treaty of Trade had made a distinction between the `basic customs duty' and `additional customs duty' - Basic customs duty was granted exemption - However, said protocol does not deal with special additional duty - Exemption which..........
Tender -- Bidding process - Furnishing bank guarantee in the prescribed format a essential requirement for bidding process - Rejection of bid on failure to furnish bank guarantee in the prescribed format and treating it as no, responsive in view of general terms and conditions governing bidding process - Not arbitrary, unreasonable or perverse in any manner whatsoever, as..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for declaration between two government corporations - Plaint rejected by High Court on the ground that permission from Committee on Disputes (COD) was not obtained before institution of suit - However, absence of such permission was not a fatal defect, as filing of suit without permission is..........
