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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1956 Page 1 of about 10 results (0.058 seconds)

Aug 30 1956 (HC)

Union of India (Uoi) Vs. Hans Raj Gupta and Co.

Court : Allahabad

Decided on : Aug-30-1956

Reported in : AIR1957All91

..... the arbitration, such authority may make an order staying' the proceedings.' according to the words used in para 18 of the second schedule of the code of civil procedure the application for stay was to be made ''at the earliest opportunity and in all cases where the issues are settled at or before such settlement'. ..... the defendant no. 1, instead of filing a written statement, filed an application for stay under section 34, arbitration act. this application for stay was rejected by the learned civil judge of dehradun by his order dated 23-8-1950. aggrieved with the said order the defendant no. 1 has filed this appeal. 2a. we ..... had to go from one quarter to another, and that generally took time, an adjournment of two months was necessary for the purpose. a copy of the plaint had already been served on defendant no. 1, who was, therefore, fully aware of the case of the plaintiff. the date itself was fixed for filing ..... that appears to be necessary is that a party against whom the bar against stay is set up should have been apprised of the contents of the plaint so as to have knowledge of the facts that might attract the arbitration clause or bring it into play. any laches on its part, and any ..... claimed to be the, assignee of the interest of defendant no. 2, and hence entitled to the amount claimed. it may be mentioned that in the plaint itself there was a definite and clear reference to the terms of the contract entered into between defendant no. 1 and defendant no. 2. the allegations in .....

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Mar 23 1956 (HC)

Sm. Inda Devi Vs. Board of Revenue and ors.

Court : Allahabad

Decided on : Mar-23-1956

Reported in : AIR1957All116

..... article 133 has been used in the sense of a decision finally determining the rights of the parties in the proceeding and not as defined in the code of civil procedure, reliance was placed by the counsel for the opposite parties on the case of shriram hanumanbux v. state of madhya pradesh (s) air 1955 nag ..... nor does it terminate or dispose of the suit on any ground. an order for transfer cannot be placed in the same category as an order rejecting a plaint or one dismissing a suit on a preliminary ground as has been referred to by couch c.j. in his observations quoted above'. reliance was ..... the direction had been issued by the central government without giving him a hearing which was against the principles of natural justice. the petition was rejected and it was observed that the petitioner had been given the necessary hearing.a petition was filed for the grant of leave to go up in ..... of a prospecting licence, had been refused the licence by the state government. he went up in review to the central government. the central government rejected his application but issued a direction to the state government to modify its order and reduce the area covered by the earlier application which was granted. ..... stayed. the present applications have been filed for leave to appeal to the supreme court under article 133 of the constitution against the order of this bench rejecting the writ petitions on 29-3-1955 : 3. by our order dated 26-8-1955, the following issues were sent down to the court below for .....

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Mar 30 1956 (HC)

Junnoo Singh Vs. Ram NaraIn Singh and ors.

Court : Allahabad

Decided on : Mar-30-1956

Reported in : AIR1956All580

..... fails.the second contention of learned counsel for the appellant that the decree in the pre-emption suit was not binding on the appellant must also be rejected. it was found by the lower appellate court that the family was joint, that the property was acquired for the benefit of the joint family, that ..... special appeal only two points have been urged before us namely that the suit was barred by section 47, civil procedure code and that the decree of the pre-emption suit was not binding on the appellant.8. section 47, civil p. c. provides that 'all questions arising between the parties to the suit in which the decree ..... munnoo singh represented the joint family and that though it was not stated in the plaint that he was being sued as karta of the joint family, he in fact was the karta and resisted the suit in the interest of the joint ..... representing the joint family. the learned judge overruled this contention on the ground that since munnoo singh was the karta it was necessary to state in the plaint that he was karta and that since munnoo singh resisted the suit in the interests of the joint family, the joint family must be deemed to ..... a benamidar for munnu singh or that munnoo singh was the karta of the joint hindu family of which jhunnoo singh was a junior member. in the plaint it was alleged that the sale consideration was much smaller than that shown in the sale deed.3. munnoo singh contested the suit. he did not .....

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Nov 29 1956 (HC)

Abdul Ghani Vs. Vishunath

Court : Allahabad

Decided on : Nov-29-1956

Reported in : AIR1957All337

..... if the valuation is increased in compliance with the other order; on the valuation originally stated on the plaint the court-fee is (presumably) sufficient. if the valuation is not increased as directed by the court, the plaint must be rejected; vide order 7, rule 11 (b), c. p. c., and the court has no occasion ..... 7, rule 11(c) are 'to supply the requisite stamp paper'. if the additional court-fee is not paid within the time allowed, the plaint must be rejected under this rule. the opening words of the rule are highly significant;'where the relief claimed is properly valued but the ..... of the construction could have arisen.4. the learned munsif ought not to have passed a composite order requiring the valuation of the subject-matter in the plaint to be corrected and additional court-fee to be paid on the corrected valuation. requiring a plaintiff to increase the valuation and requiring him to pay additional ..... to pass the other order.it is only when the valuation is increased in compliance with the order that the question of paying additional court-fee can arise; the proper procedure in such a case ..... plaint is written upon paper insufficiently stamped.'means that the plaintiff can be ordered to pay the additional court-fee only after he has increased .....

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Feb 27 1956 (HC)

The District Board, Banaras Vs. Churhu Rai and anr.

Court : Allahabad

Decided on : Feb-27-1956

Reported in : AIR1956All680

..... 24 more trees. he was asked to produce the written permission of the board for planting, those trees but he failed to do so and his application was rejected. he made a similar attempt in 1923 also which met the same fate.in 1934, however, he succeeded in obtaining a fresh sanad in respect of 56 ..... cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of abode of the intending plaintiff, and the plaint shall contain a statement that such notice has been so delivered or left....(3) no action such as is described in sub-section (1) shall, unless it ..... the title of my client to those trees is not admitted and he is not permitted to cut and remove the said trees he will file the abovementioned civil suit and both of you will be liable for all the costs and consequences.'it is, therefore, obvious that the respondent was contemplating to cut and ..... respondent and one by each of the two defendants, viz., the district board and smt. ram dasi. all the three appeals were disposed of by the learned civil judge by one judgment. he was of the opinion that the entire property was immovable property and the suit was not barred by limitation. he awarded a ..... mohan lall, j.1. this and the connected second appeal no. 2127 of 1945 are defendants' appeals against the appellate decree or the learned civil judge of banaras. the latter disposed of by his judgment, three appeals pending before him thereby decreeing the plaintiff-respondent's suit in toto.2. .....

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Feb 24 1956 (HC)

Murari Lal Vs. L. Debi Saran and anr.

Court : Allahabad

Decided on : Feb-24-1956

Reported in : AIR1956All555

..... 10 and send back the case to the learned munsif with the direction that subject to the question of limitation and jurisdiction the plaint may be treated as an application under section 47, civil p. c. against them and decided according to law. as against defendants 2 to 4 the plaintiff is at liberty to ..... these three persons are concerned the plaintiff could not have proceeded against them in the execution proceeding. it, however, appears from an examination of the plaint that the plaintiff was prevented from removing the materials by the decree-holder and his sub-tenants who obtained possession of the property after the execution of ..... -lease, and not by defendants 2 to 4. it appears that defendants 2 to 4 have been impleaded merely to escape the effect of section 47, civil p. c. anyway, if the plaintiff has really got any grievance against defendants 2 to 4 he is entitled to proceed against them in a regular ..... . it, therefore, allowed the appeal and remanded the case as has already been said above. 3. the main question for consideration is whether section 47, civil p. c. is applicable to the present case. in order to decide this question it is necessary to determine whether the matter in dispute in the present ..... due to non-removal of the materials. the trial court dismissed the suit on the ground that it was barred by section 47, civil p. c. and also section 11, civil p. c. the lower appellate court did not agree with the decision of the trial court. it was of the opinion that neither .....

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Nov 29 1956 (HC)

Board of Directors, Y.M.C.A. and anr. Vs. R.H. Niblett

Court : Allahabad

Decided on : Nov-29-1956

Reported in : AIR1957All219

..... of the payment of tax monies. the lady charged sued the municipal corporation for damages in respect of the tort of slander committed by their agent. while rejecting her claim, lord loreburn l. c. laid down the principle governing such cases in the following words-'i do not think the principle is really in ..... that the said audit report contained errors and mistakes, and on that ground it has held that mr. eddy was wrongly exonerated by the board. this procedure would have been justified if the suit had been one for accounting, or if mr. eddy was prosecuted for embezzlement.in the present case, however the ..... is bound to prejudice them.58. in 'lala hem chand v. lala peary lal', air 1942 pc 64 (u), it was held that the procedure of allowing parties to adduce evidence on points not raised in the pleadings or issues is irregular and should not be allowed without amending the pleadings and ..... mr. seetal himself as plaintiff's own witness clearly stated that he was a member of the board in1948. the plaintiff himself did not allege in his plaint that any outsiders were present in this meeting. if the plaintiff wanted to rely on the publication to mr. seetal as an outsider, he should have ..... was dismissed with full costs from the plaintiff. the plaintiff and defendant no. 4 were made to bear their own costs.6. in appeal, the learned civil judge upset the decision of the trial court. he held that the resolutions in question were defamatory, that they were not protected by the doctrine of qualified .....

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Apr 09 1956 (HC)

Mehnga Ram Vs. Labour Appellate Tribunal of India at Lucknow and anr.

Court : Allahabad

Decided on : Apr-09-1956

Reported in : AIR1956All644; (1957)ILLJ603All

..... or admit evidence but they do not provide for the application of the indian evidence act as such. in respect of procedure also only some provisions of the code of civil procedure are made applicable by section 11 and some others by the rules. rule 20 provides that the tribunal'may for the ..... labour force was examined at the departmental enquiry was correct but that the appellate tribunal did not consider this to be a good reason for rejecting the evidence of the witnesses which the management examined since that evidence was natural evidence.the appellate tribunal then appraised afresh the evidence existing ..... also arise only if the facts alleged by the management were proved. if these facts were not established, the industrial tribunal was bound to reject the application of the management and there was no question of the exercise of any discretion.36. in the eases under discussion the appellate tribunal ..... or in other words that it was tainted evidence. the industrial tribunal as a court of facts had full jurisdiction to weigh evidence and to reject it as being insufficient.34. on the findings arrived at the question of law -- namely whether the acts alleged by the management amounted to ..... be considered. having regard to these considerations and the dates which have been given above there has been no such delay as to justify the rejection of the applications merely on that ground.21. another contention of the learned counsel for the respondent no. 2 was that there was alternative .....

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Nov 05 1956 (HC)

Prem NaraIn Vs. the State

Court : Allahabad

Decided on : Nov-05-1956

Reported in : AIR1957All177; 1957CriLJ337

..... by the investigating officer. theinvestigating officer attempted to find the accused but they could not be found by him. proceedings under sections 87 and 88 of the code of criminal procedure were taken against the accused. nanhey accused surrendered in court on the 11th of november, 1955, while prem surrendered in court on the 12th of november, ..... exit wound to help form an opinion. according to the opinion of the civil surgeon, the probable time of death was about 12 hours earlier than the time of postmortem.8. the defence of prem, as put forward inthe court ..... area of 1 1/2 x 1' x thickness. twenty-one shots were found lodged in the lung which were removed and preserved. according to the civil surgeon death was due to haemorrhage and shock which resulted from gunshot injury.on the post-mortem report there is no doubt that the deceased was shot at ..... 7. a post-mortem was held on the body of lallan on the 1st of november, 1955, at 12 noon. the injury which was found by the civil surgeon, was described by him as follows:--'lacerated, circular gunshot, wound of entry 1 1/4 x 1 1/4' x lung deep surrounded all round and ..... close range. according to the opinion of the civil surgeon, the person who shot at lallan must have done so either from behind or from the side. the civil surgeon was unable to state from which side the shot had been fired probably because there was no .....

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Oct 08 1956 (HC)

Ch. Mukhtar Singh and ors. Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Oct-08-1956

Reported in : AIR1957All297

..... relation to the object of a particular legislation. where a class of persons have been subjected to differential treatment whether in the substantive law or in the rules of procedure what one has to see is whether the classification 3s founded on an intelligible differentia which distinguished those for whom a special legislation has been made from others who are ..... the principles of natural justice are those rules which have been laid down by the courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial or quasi-judicial authority while making an order affecting those rights. these rules are intended to prevent such authority from doing injustice. ..... 12-1955.4. the petitioners claim that all those ordersshould be quashed on the following grounds:--(a) that the consolidation of holdings act, is ultra vires inasmuch as (i) its procedural provisions are against the principles of natural justice, (ii) it infringes the fundamental rights of the petitioners under article 14, (iii) that it expropriates property without compensation and thus violates ..... officers or assistant collectors of the first class of not less than 5 years standing, section 49 bars recourse to civil or revenue courts with respect to any matter arising out of consolidation proceedings. this in short is the procedure for consolidation of holdings. 7. the first ground on which the legality of the consolidation of holdings act is challenge ed .....

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