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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1967 Page 1 of about 8 results (0.028 seconds)

Dec 20 1967 (HC)

Chandra Bhushan Misra Vs. Smt. Jayatri Devi

Court : Allahabad

Decided on : Dec-20-1967

Reported in : AIR1969All142

..... grounds contemplated by section 13 of the court fees act 35. section 13 of the court fees actprovides:'if an appeal or plaint which has been rejected by the lower court on any of the grounds mentioned in the code of civil procedure, is ordered to be received, or if a suit is remanded in appeal on any of the grounds mentioned in section 351 ..... of the grounds mentioned in section 351' was to make section 13 of the act read as follows :--'if an appeal or plaint which has been rejected by the lower court on any of the grounds mentioned in the code ol civil procedure, is ordered to be received, or in a case where the lower court shall have disposed of the case upon any preliminary ..... section 13 of the act are that court fee would be refundable under the following two circumstances:(i) if an appeal or plaint, which has been rejected by the lower court on any of the grounds mentioned in the code of civil procedure, is ordered to be received, or (ii) if a suit is remanded in appeal on any of the grounds mentioned in section ..... which may be deemed fit and proper in the ends of justice.' section 13 of the act reads:--'if an appeal or plaint, which has been rejected by the lower court on any of the grounds mentioned in the code of civil procedure, is ordered to be received, or if a suit is remanded in appeal on any of the grounds mentioned in section 351 .....

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Nov 09 1967 (HC)

Nanhai Lal Vs. Official Receiver Civil Court, Kanpur

Court : Allahabad

Decided on : Nov-09-1967

Reported in : AIR1969All441

..... raised by the decree-holder.36. i, however, entertain serious doubts whether the provision of section 48 of the code of civil procedure is, technically speaking a rule of limitation. section 48 code of civil procedure takes away the power of the court to order for the execution of the decree in case application for that purpose ..... in view of the fraud practised by the judgment-debtor. nanhai lal, judgment-debtor appeared before the court, and lodged a protest his protest was rejected on 2-2-1952, nanhai lal moved another application before the court at kanpur on 4-3-1952 under section 47 c. p. c. reagitating ..... section. the ground of exemption is not complete without the second element, and unless both these elements are proved to exist at the date of the plaint, the suit would be held to be time-barred.20. in sant lal's case 0043/1951 : [1952]1scr116 the court was considering whether the ..... of the suit. whether a suit is time-barred or not has got to be determined exclusively with reference to the date on which the plaint is filed and allegations made therein. to claim exemption under section 20, the plaintiff must be in a position to allege and prove not only ..... debtors prior to the institution of the suit. the acknowledgment was contained in the written statement filed in the suit. defendants admitted payments specified in the plaint. the written statement was signed by defendants. it was held that the admission contained in the written statement did not fulfil the requirements of a .....

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Oct 24 1967 (HC)

Raj Kumar Vs. Vijaya Kumar and anr.

Court : Allahabad

Decided on : Oct-24-1967

Reported in : AIR1969All162

..... the written statement were dismissed. the defendant has now come up in revision before this court under section 115 of c. p. code against the rejection of his application for amendment of the written statement.3. sri prakash gupta, learned counsel appearing for the applicant, urged that in ..... certificates under section 7 of the guardians and wards act in a specified form. those rules are contained in appendix 17(f) of general rules civil. 1957 for civil courts, subordinate to the high court of judicature at allahabad, volume 2. the form of an appointment under section 7 of the guardians and wards ..... was inadmissible under the law, the learned munsif erroneously recorded a finding that the plaintiff was a minor on the date of the presentation of the plaint. learned counsel submitted that neither the application under the guardians and wards act nor the certificate granted under section 7 of that act would be admissible ..... act is mentioned at page 285 of volume 2 of the general rules civil, 1957. one of the requirements of the form is that the period of minority is to be mentioned. a district judge would be a public servant ..... calculating the age of the plaintiff on that basis, found that the plaintiff was over 21 years of age on the date when he presented the plaint in the court.thereupon an application dated 12th october, 1965 was filed on behalf of the defendants praying for an amendment in the written statement by .....

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Sep 13 1967 (HC)

JagnaraIn Singh Vs. State of U.P.

Court : Allahabad

Decided on : Sep-13-1967

Reported in : AIR1968All388; 1968CriLJ1457

..... have been either convicted or acquitted in that trial. the proceedings on the basis of the writ petitions were not trials within the meaning of the code of criminal procedure, nor was the order passed on the writ petitions, acquittal of the petitioners. there is, therefore, absolutely no doubt that section 403, criminal ..... thereafter in august 1952, the appellant instituted a suit which has given rise to the appeal before the supreme court on the facts alleged in the plaint of that suit, the appellant had claimed reliefs to the effect that it be declared that he became discharged from all liabilities as sureties for the ..... the decision, the following observation was made:-- 'as a result of the above discussion, we are of the opinion that the provisions of section 11 civil p. c. are not exhaustive with respect to an earlier decision operating as res judicata between the same parties on the same matter in controversy in ..... regular suit between the same parties with respect to the same matter'.19. so far as the applicability of the general principles of res judicata to civil suits is concerned, there is, therefore, no manner of doubt that the decision arrived at in exercise of jurisdiction under article 226 of the ..... criminal cases is also a question which appears to have been settled by now if the rule of finality of decision is, therefore, applicable to civil cases, i am unable to think of any reasonable basis for coming to the conclusion that the principles laid down in air 1985 sc 1153 ( .....

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Feb 20 1967 (HC)

U.P. Govt. Through Secy. Home Dept., U.P. Civil Secretariat, Lucknow V ...

Court : Allahabad

Decided on : Feb-20-1967

Reported in : AIR1968All20; 1968CriLJ7

..... case under the appropriate section being registered in the police station concerned provided that- ................................................ (4) on the conclusion of the investigation and before the report required by section 173, criminal procedure code, is prepared, the question whether the officer charged should or should not be sent for trial shall be decided by the superintendent of police, provided that before an officer whose ..... years. the deputy inspector general issued notice to show cause why the punishment be not enhanced to dismissal. thereupon he (the plaintiff) submitted his explanation, but the same was rejected, and he was dismissed from service on 21-5-1955 he also filed an appeal to the inspector general of police but it was dismissed on 9-9-1955. it ..... . on the pleadings of the parties the learned munsif framed the following issues 1. whether the dismissal of plaintiff is illegal and ultra vires on the grounds alleged in the plaint? 2. whether plaintiff is entitled to declaration alone? 3. to what relief, if any, is plaintiff entitled? 4. the munsif found that the dismissal of the plaintiff was neither ..... on issue no. 2. in this view, he refused to grant any relief to the plaintiff. being aggrieved with that order, the plaintiff went up in appeal. the learned civil judge disagreed with the findings of the munsif. he found that the departmental proceedings conducted against the plaintiff were in contravention of the mandatory provisions of paragraph 486 of the .....

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Apr 19 1967 (HC)

Smt. Israr Fatima Vs. Custodian Evacuee Property U.P., Lucknow and ors ...

Court : Allahabad

Decided on : Apr-19-1967

Reported in : AIR1968All232

..... of the ordinance. it also provides for the holding of a summary enquiry by the custodian by taking evidence as may be produced opposing an order, rejecting or allowing the claim in whole or in part.15. section 30 of the ordinance provides for appeal by any person aggrieved by an order made ..... and such property cannot be determined without a notification being made and objections being invited from interested persons. the custodian, therefore, ought to have followed the procedure with respect to what he considered to be the evacuee property of wajahat husain evacuee as contained in sections 6 and 8 of ordinance i of 1949 ..... the claim of defendant no. 9, namely, wajahat husain, the evacuee, who too would have an interest in the property if the allegations in the plaint that the property belonged to ziaul and shifaul hussain are correct, in any case suit has been brought in the circumstances above mentioned.32. the contention on ..... court and i am of opinion that, as the administration of evacuee property act (act xxxi of 1950) and the ordinance preceding it contain a complete code in respect of the determination of the competing claims of the custodian and third persons so much so that it gives even a right of appeal, ..... case, as i have already pointed out, the procedure contemplated under sections 6 and 8 of ordinance i of 1949 also ought, to have been followed. but if it has not been followed, the remedy to the person aggrieved is not by way of a civil suit which is barred but is by way of .....

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Apr 10 1967 (HC)

Abdul Salam Vs. Union of India (Uoi) and anr.

Court : Allahabad

Decided on : Apr-10-1967

Reported in : AIR1969All223

..... the case before it and not rely upon any other official's opinion or notes or comments on the merits of the controversy. the ordinary executive procedure of 'processing', if i may borrow a phrase from mr. fateh singh's affidavit, cannot be followed in deciding a question under section 9(2 ..... he did not obtain it voluntarily, is entitled to a personal hearing. in this case the appellant asked for a personal hearing but his request was rejected. in my opinion this was a departure from the principles of natural justice ordinarily governing such cases.18. moreover, the inquiry being of a quasi- ..... it was further stated by mr. fateh singh, that the appellant's matter was 'processed' in the ministry of home affairs according to the formal procedure, and examined by the under secretary in the ministry who put up a note on the basis of the material which had been furnished by the ..... that they had acquired the citizenship of that country and it was not necessary to refer the question for the decision of the central government. rejecting this argument the supreme court held that a finding by the central government is the basis on which any further action can be taken against such ..... from the decree of the additional civil judge, aligarh, affirming that of the additional munsif, augarh, dismissing his suit for permanent injunction to restrain the union of india and the state of uttar pradesh from deporting him to pakistan. the plaintiff-appellant alleged in his plaint that he was born in aligarh .....

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Sep 07 1967 (HC)

Firozabad Glass and Chemical Industries Ltd. and anr. Vs. Income-tax O ...

Court : Allahabad

Decided on : Sep-07-1967

Reported in : [1969]72ITR775(All)

..... reliance upon barium chemicals ltd. v. company law board, [1956] 36 comp. cas. 639 (s.c.). in that case the following rule company law board (procedure) rules, 1964.made under section 642(1) read with section 10e(5) of the indian companies act was challenged as being beyond the rule making power :' 3 ..... natural meaning of the words ' for the purposes of regulating the transaction of business ' if we confine the scope of these words only to the procedural matters, such as suggested by the learned counsel. the words used are of the widest amplitude and no reason has been suggested why the natural meaning ..... the income-tax officer has given the reason why he did not summon those witnesses. he rejected the request of the petitioners with regard to all the witnesses except one. the reason that he hasassigned for the rejection is that their statements were not relevant for the purposes of assessment proceedings. he, however, ..... made. we are, therefore, disposing them of by a common judgment. the petitioners in civil misc. writ no. 901 of 1967 are the firozabad glass and chemical industries ltd. and sri shrigopal chandra, while in civil misc. writ no. 902 of 1967 the petitioners are firm madan mohan damma mal and sri ..... shrigopal chandra. in civil misc. writ no. 901 of 1967 there are five respondents while in civil misc. writ no, 902 of 1967 there are nine respondents. respondents nos. 1 to 5 in both the writ petitions .....

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