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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1987 Page 1 of about 8 results (0.100 seconds)

Mar 02 1987 (HC)

Amar Nath Vs. Janardan Prasad Ojha

Court : Allahabad

Decided on : Mar-02-1987

Reported in : AIR1988All116

..... the petitioner could know about these ballot papers were being given out in the schedule and the further assertion is that valid votes were improperly rejected as invalid on the ground that they did not contain proper voting marks or had such marks from which the voter could be identified. ..... of the petition, the grievance put forward is that valid ballot papers which recorded votes in favour of the election petitioner were wrongly and improperly rejected as invalid. the petitioner had appended as schedule 7 a statement giving out the booth number, the village, the invalid votes and the votes ..... para. 14 is that there had been a large scale improper acceptance of invalid votes in favour of the first respondent and also improper rejection of large number of ballot papers recording valid votes for the petitioner. further that the petitioner's valid ballot papers had been mixed in the ..... ground aforesaid is contained in paras. 7 to 23of the petition. the prayer of the election petitioner is that, after allowing inspection of usedand rejected ballot papers of the constituency and their re-scrutiny and recount, the election of ojha be declared void and petitioner amar nath be declared elected ..... as it contained janardan prasad ojha, was materially affected by improper acceptance of invalid ballot papers as valid in favour of ojha, by improper rejection of valid votes cast in favour of petitioner amar nath and by non-compliance with the provisions of the conductof election rules, 1961 and by .....

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Mar 27 1987 (HC)

Mahfooz Hasan Vs. Harish Chandra Sahai

Court : Allahabad

Decided on : Mar-27-1987

Reported in : AIR1988All69

..... law as well as fact, unless the statute conferring the right of appeal limits the rehearing in some way, as has been done in second appeals arising under the code of civil procedure. the power to hear a revision is generally given to a superior court so that it may satisfy itself that a particular case has been decided according to law. under ..... is no direct documentary evidence to give support to the version of either of the parties on the assertion of rate of rent. he, however, rejected the testimony of plaintiffs witnesses by misreading pleadings in the plaint which is apparent from the observations in the judgment already quoted above.11. the testimony of the plaintiffs witnesses has not been accepted merely on ..... said crucial question about the agreed rate of rent of, the premises in suit is based on misreading of evidence and pleadings contained in the plaint. learned counsel also pointed out that the court below had mainly rejected the testimony of the plaintiff's witnesses expressly on the said ground and it, therefore, could not be said to be a clerical or ..... evidence examined on behalf of the plaintiff on the aforesaid crucial question regarding agreed rate of rent of the premises in dispute has been rejected by the court below merely on a misstatement of fact that in the plaint it has been stated that the tenancy commenced from 9th april, 1980. 1 13. it cannot be disputed that if a finding is .....

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May 20 1987 (HC)

Himachal Steel Rerollers and Fabricators Vs. the Union of India (Uoi) ...

Court : Allahabad

Decided on : May-20-1987

Reported in : AIR1988All191

..... or public officers in respect of official acts is mandatory. however, an exception has now been made after the amendment of 1976 in the code of civil procedure in those limited class of cases where urgent and immediate relief is required but in such cases also leave of the court at the time ..... unless the plaintiff establishes a prima facie case, balance of convenience and likelihood of irreparable injury. absence of any of these three ingredients must entail rejection of the application.6. in the instant case, sri rama nand, learned counsel for the appellants, has made a statement before us that the bank ..... the court shall, if it is satisfied after hearing the parties, that no urgent or immediate relief need be granted in the suit, return the plaint for presentation to it after complying with the requirements of subsection (1).' 15. a bare perusal of the above provision will go to show that ..... its case except for an affidavit with an annexure containing the terms subject to which plaintiffs tender had been accepted. on a consideration of the plaint allegations and what has been asserted in the affidavit, we are not at all satisfied that the plaintiff had succeeded in establishing a prima facie ..... was admittedly made. the entire re-rolling work was stipulated to be completed by 30-6-1982 but this was not done. according to the plaint allegation, conditions in punjab where its plants were located were far from being normal due to after effects of 'operation blue star' and this prevented .....

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Oct 14 1987 (HC)

Rakesh Dhar Tripathi Vs. Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Oct-14-1987

Reported in : AIR1988All47

..... to traverse (see cooke v. gill (1873) l.r. 8 c.p. 107, per brett, j., at p. 116).10. section 20 of the code of civil procedure, which has a relevance to resolve the present controversy in its material particulars lays down that the suit can be instituted in court within the local limits of whose ..... legal right of a person aggrieved.31. in krishna kumar bhargava v. metropolitan magistrate, 1986 all cj 277 : (1980 all lj 1093), a division bench rejected the writ petition which sought quashing of a complaint filed against the petitioner of that case under section 500 read with ss. 109 and 34 of the indian penal ..... the defendant nor does it depend upon the character of the relief prayed for by the plaintiff. it refers entirely to the grounds set forth in the plaint as the cause of action or any other words to the media upon which the plaintiff asks the court to arrive at a conclusion in his favour.....'25 ..... remedy. the relief is given on the facts established or found by a court. the plaintiff is required to prove his case on the grounds which are taken in a plaint or petition for succeeding in the suit. in sarsuti & company v. kunj behari lal, (1883) ilr 5 all 345, stuart, c.j., said :'in relation ..... up by the defendant, nor does it depend upon the character of the relief prayed for by the plaintiff. it refers entirely to the grounds set forth in plaint as the 'cause of action', or, in other words, to the media upon which the plaintiff asked the court to arrive at a conclusion in his favour .....

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Apr 23 1987 (HC)

Naresh Kumar Vs. Prakash NaraIn Awasthi and ors.

Court : Allahabad

Decided on : Apr-23-1987

Reported in : AIR1988All102

..... 3) contemplates giving of reasonable opportunity to a counting agent to inspect the ballot paper before rejecting it there is no allegation that this opportunity was refused even when asked for. the presumption that necessary procedure was followed by the returning officer in the counting of ballot papers will arise in favour ..... more than the first respondent to the notice of the returning officer and moved an application for recountof ballot papers which were illegally and mechanically rejected by the returning officer, who also helped the first respondent by getting a lathi charge made upon the persons present there when chaos was ..... figures were detected by the petitioner, he immediately applied for recount of the ballot papers as contemplated under rule 63 but the returning officer illegally rejected the prayer, is described as absolutely vague as it has not been revealed as to when i.e. before or after the declaration of the ..... information received and believed to be true. there is no requirement that the source of knowledge or information be disclosed by the person who is verifying the plaint. in ramji pandey's case (air 1987 all 92), as mentioned by b. d. agarwal, j. himself, even the requirements of rule 15( ..... court directing that paragraphs 4 to 48 of the election petition be struck out cannot be sustained on the terms of order vi rule 16ofthe code. there is no finding reached by the high court that the averments in paras 4 to 18 of the election petition are either unnecessary, .....

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Apr 13 1987 (HC)

Milind Saran Kothiwal Vs. Vinai Kumar Gupta and ors.

Court : Allahabad

Decided on : Apr-13-1987

Reported in : AIR1987All339

..... made an application before the court praying that the written statement by him should be cancelled and he should be permitted to file a fresh written statement. this application was rejected by the trial court. the trial court held that it will be open to the applicant to apply for amendment of the written statement already filed on his behalf in ..... order xxxii, 11, 12, c.p.c.) it was held that a minor plaintiff when he attained majority, must be given an opportunity of making even drastic amendments to a plaint according to what he considered ought to have been correct and relevant allegations, for, at the moment, when he attained majority, he took the responsibility for his actions. the court ..... , at any time, require, a written statement or additional written statement from any of the parties and fix a time for presenting the same. there is no provision in the civil p. c. giving a right to a minor defendant who has attained majority during the pendency of the suit, to file a fresh written statement. he may, of course, amend ..... become a major, is entitled, as a matter of law, to an order superseding the previous written statement and allowing him to file a fresh written statement.4. under the civil p. c, order vi governs the filing of a written statement, set-off and counter claim. rule 9 of order viii, c.p.c. provides that no pleading subsequent to .....

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Aug 19 1987 (HC)

Khub Chand (Deceased by Lrs) Smt. Katori Devi Vs. Ram Chand

Court : Allahabad

Decided on : Aug-19-1987

Reported in : AIR1988All64

..... to all or any of the matters in controversy in the suit and may be either preliminary or final. it shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include -- (a) any adjudication from which an appeal lies as an appeal ..... decision having failed to determine some material issue of law or usage having the force of law;(c) a substantial error or defect in a procedure provided by this code or by any other law for the time being in force, which may possibly have produced error or defect in the decision of the case ..... now to be ascertained as to whether in the said circumstances of the case, the finding of the lower appellate court on point no. 1 requires rejection. admittedly the suit was for partition and delivery of possession. if certain impediment lay during the execution it cannot be said that the decree is unenforceable. ..... under order 43, rule l(m) c.p.c. but in any case no second appeal lies. the submission is fallacious and deserves to be rejected as would be shown here under.9. learned counsel for the respondent has further submitted that the impugned order remanding the case to the lower court was ..... . this second appeal has been preferred by the plaintiff-decree-holder against the judgment and decreedated 8-7-68 passed by sri brahm kishore, addl. civil judge, aligarh in civil appeal no. 464 of 1967 whereby the judgment and decree dated 28-10-1967 passed by sri v. s. kulshrestha, munsif koil aligarh was set .....

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Sep 11 1987 (HC)

Ali Hasan (Deceased by L.R.) Vs. Matiullah (Deceased by L.Rs) and ors.

Court : Allahabad

Decided on : Sep-11-1987

Reported in : AIR1988All57

..... finding of the lower appellate court that the documents have not been duly executed has been assailed. in any case if the documents witnessing title were rejected then it was incumbent upon the lower appellate court to have afforded* an opportunity to the appellants to prove the same according to law instead of ..... later stage. the respondents did not raise any objection and the trial court was thus right in exhibiting the same. the lower appellate court thus wrongly rejected the documents on the ground that they have not been proved according to law in the absence of proof of execution and attestation. the lower appellate ..... the learned lower appellate court was, therefore, completely wrong in holding that turab was the owner of the property. the appellant had clearly set out a plaint case and had proved by necessary evidence oral as well as documentary that kalloo was the sole owner of the property in question. in support of this ..... raise such presumption.'23. in view of the above discussions this appeal must succeed and the judgment and decree dated 18-7-75 passed by iv addl. civil judge, varanasi deserves to be set aside.24. in the result the appeal is allowed and the case is remanded back to the court of iv ..... n. dikshita, j. 1. this second appeal has been preferred against the judgment and decree dated 18-7-85 passed by iv addl. civil judge, varanasi in civil appeal no. 156 of 1975 by which the judgment and decree dated 9-1-75 passed by iii addl. munsif, varanasi in original suit .....

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