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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1997 Page 1 of about 13 results (0.104 seconds)

Jan 07 1997 (HC)

itc Limited Vs. Rakesh Behari Srivastava and Others

Court : Allahabad

Decided on : Jan-07-1997

Reported in : AIR1997All323

..... without reserving its right to invoke the provisions of order 7, rule 11 of the code of civil procedure, there was no scope for the defendant (i.t.c.) to file a separate application for rejection of the plaint invoke the provisions of order 7, rule ii of the code of civil procedure. he further opined that for this pequent position the defendant (i.t.c.) must blame ..... will have a jurisdiction to entertain the suit and grant the relief of injunction under a true interpretation of section 9 of the code of civil procedure.25. to recapitulate the plaint allegation again, it may be stated that the plaintiffs were the smokers of the impugned brand-named cigarettes. they did not know what were the printed declarations on the packets ..... order1. this application under section 115 of the code of civil procedure has been directed against an order dated 26-5-1996 recorded by learned civil judge senior division, gorakhpur, in original suit no. 208 of 1995 whereby he had rejected the application made by the defendant-revisionists under order vii, rule 11, c.p.c. the plaintiffs had filed a suit against the i.t ..... trade mark. in my view, these case laws are not applicable to the present set of facts. in the case of k.t. pavunny : air1982ker309 a suit under the code of civil procedure for permanent injunction was entertained on the averment that the defendants were carrying on business in a name which was likely to misland the public into the belief that the .....

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Apr 30 1997 (HC)

Sri Satnarayan Ji Maharaj Virajman Mandir Sat Narayan Dharamshala and ...

Court : Allahabad

Decided on : Apr-30-1997

Reported in : AIR1997All413

..... allegations in the plaint would determine whether the suit would be governed by s. 92 cpc. in the case at our hand, however, the parties had been heard by the court below and both the ..... 92. cpc rejecting the prayer of the appellants for leave to institute a suit of the nature spoken of under section 92, cpc. the application in question was filed by the present appellants under section 92, cpc read with order 1, rule 8 and section 151 cpc. it was stated that the property indicated in the plaint stood ..... sc 444 (r. vengopala naidu v. venkatraydu naidu charities). the question before the supreme court was regarding a representative suit under s. 92 of the cpc and not one which has been raised in the instant case. the madras high court ruled in the case reported in air 1951 mad 406 that the ..... to the conclusion that the western portion did not belong to the public trust and, accordingly, the application was dismissed.4. section 92 of the cpc speaks of suits connected with public charity. in the case of any alleged breath of any express or constructive trust created for public purposes of a ..... more persons having an interest in the trust and having obtained the leave of the court may institute a suit whether contentions or not in the principal civil court of the original jurisdiction, within the local limits of whose jurisdiction the whole or any part of the subject-matter of the trust is situate .....

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Nov 17 1997 (HC)

Bharat Petroleum Corporation Ltd., Mirzapur Vs. Smt. Parvati Devi and ...

Court : Allahabad

Decided on : Nov-17-1997

Reported in : 1998(1)AWC434

..... lease was not got renewed. tenancy was determined by a notice. request for renewal of lease after the expiry of the period of lease was rejected by the landlady. a suit for eviction by demolition of structures raised by the defendants and also for permanent injunction to defendant no. 1 not ..... structure raised by the landlady. structures were raised by the dealer/licensee for selling petrol products. the first relief in paragraph 16 (1) of the plaint is a decree for mandatory injunction directing the defendants to remove all structures, machinery, etc. and deliver vacant possession of open land in the shape it ..... to decide issues no. 6 and 7 as preliminary issues, on the ground that the two issues are interconnected.3. the brief facts alleged in the plaint, copy annexure-1 are that open plot of land was given on lease by the landlady to defendant no. 1. m/s. bharat petroleum corporation ltd ..... causes. if the relief of injunction cannot be granted by the court of small causes, the suit was rightly instituted on the regular side in the civil court.8. learned counsel for the revisionist, however, placing reliance upon section 29a of u. p. act 13 of 1972, contended that since structures ..... first point for determination in the revision is whether the civil court has jurisdiction to try such suit. jurisdiction of a court is to be determined on the basis of allegations made in the plaint and also keeping in view the reliefs sought in the plaint. on mere assertion of the defendant in the written .....

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Oct 16 1997 (HC)

D.M. Industries Firm, Bangalore and Another Vs. Glaxo Laboratories (In ...

Court : Allahabad

Decided on : Oct-16-1997

Reported in : 1998(1)AWC489

..... of aligarh court.5. the second ground has also no substance that no part of cause of action accrued at aligarh. section 20(c) of the code of civil procedure provides that every suit shall be instituted in a court within the local limits of whose jurisdiction the cause of action, wholly or in part, arises. ..... if the goods were not in accordance with the specifications given in the contract and the purchase order, the same shall be rejected. it is further alleged in para 18 of the plaint that the goods were inspected at aligarh and found to be defective and not in conformity with the contract specifications. it is ..... of the terms of the contract was that if the goods were not found according to the specifications given in the purchase order, the same will be rejected. occasion to inspect the goods arose only at aligarh where actual delivery was given to the plaintiff. deemed delivery at bangalore in the absence of the ..... aligarh at the time of actual delivery by the carrier and it was found that the goods were not in conformity with the terms of the contract, rejection could be made only at aligarh, hence, the part of cause of action for this reason also accrued at aligarh.8. the learned counsel for the ..... point that no cause ofaction will accrue at the place where payment of the price of the goods is made or at a place where goods are rejected, because the same were not in accordance with the specifications in the contract.9. on similar facts like the present one in jwarmal shivanath malu v. .....

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Apr 02 1997 (HC)

Dina Nath Singh Vs. Paras Nath Mishra and Others

Court : Allahabad

Decided on : Apr-02-1997

Reported in : AIR1997All416

..... deposit was made by jainaih pathak or even by parasnath as required under the taw and the sale became absolute. on 13-6-89 the s.d.o. rejected the application of parasnath and confirmed the sale. on 14-6-89 a lime barred objection was filed by parasnath before the commissioner. no slay order was ..... had cast a doubt on his title and hence the suit was filed after service of notice under section 80 cpc.3. the auction-purchaser dinanalh singh contested the suit and denied the averments made in the plaint. it was asserted that the auction sale was legal. it was legally confirmed and sale-certificate was legally issued ..... of revenue was approached and on 14-7-93 further proceedings before the s.d.o. were stayed. on 31-7-93 the civil judge confirmed the interim order.5. the responent also placed on record certain dates of events. on 20-5-68 loan was advanced and suit land stood ..... the order dated 22-5-93 would remain stayed till 1-6-93. on 29-5-93 the concerned suit was filed. on 31 -5-93 the civil judge directed in the suit that the parties were to maintain status quo. against the order of the commissioner dismissing the revision for non-prosecution, the board ..... directed against the judgment and decree dated 4-11-96 passed by the district judge. ballia, in civil appeal no. 21 of 1996 whereby the district judge had confirmed the judgment and decree dated 31-5-96 recorded by the civil judge (senior division). ballia. in suit no. 94 of 1993.2. the suit in question .....

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Nov 20 1997 (HC)

Siddhartha Kumar and Others Vs. Upper Civil Judge, Senior Division, Gh ...

Court : Allahabad

Decided on : Nov-20-1997

Reported in : 1998(1)AWC593; (1998)1UPLBEC587

..... should not be shifted from one court to another merely because a senior or junior officer from outside has been inducted in the judgeship. procedural alertness36. the code of civil procedure lays down an elaborate procedure for the trial of the civil suits and other allied proceedings including execution of the decrees. the subordinate courts or, for that matter, no court can go against the provisions ..... to use for copying purposes. carbon copies of the judgment, if ready, are required to be furnished immediately on pronouncement of judgment under order xx. rule 6b of the code of civil programmes-syllabi37. whatever directions may be issued and suggestions made to the presiding officers of the subordinate courts with a view to eliminate delays and ensure prompt disposal of ..... subsequent case of bechan pandey and others v. dulhan janki devi and others, (1976) 2 scc 286, in which the prayer for remanding the case to the trial court was rejected. some of the relevant aspects of the controversy in hand are made clear from the following observations :'.....apart from that, we find that the suit out of which the present ..... . writ no. 23721 of 1997.--was instituted in the court of civil judge (senior division), ghaziabad on 20.10.1994 for recovery of rs. 4,32.388 with interest pendente lite and future. the plaint was accompanied by an application under order xxxviii, rule 5 of the code for attachment before judgment. the defendants in the said suit have not filed written .....

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May 27 1997 (HC)

Fresenius A.G. and Others Vs. Dalmia Industries Ltd. and Anothers

Court : Allahabad

Decided on : May-27-1997

Reported in : AIR1997All411

..... argument. the plea was repelled and the respondent filed a revision. it may be remembered that the order arises out of the application filed in suit rejecting the stay. the remedy is either by way of appeal or revision. appeal does not lie under order 43, rule 1, c.p.c. and ..... in pursuance of these agreements respondent nos. 1 and 2 plaintiffs performed their part by investing crores of rupees and other contribution as mentioned in the plaint. the crux of the allegation is that the petitioner violated the technical know how agreement and sale promotion agreement. the plaintiff-respondent later on came to ..... vested and ultimately failure of justice.10. so in my view of the impugned order dated 21-1-1997 passed by the district judge, ghaziabad in civil revision no. 20 of 1997 is quashed. the district judge is to hear the revision and decide expeditiously. the legal pleas raised before me can ..... the case may be, may make such order in the case as it thinks fit : .....'9. the petitioner felt aggrieved from the order of the civil judge and no appeal is provided and only course left is revision and the district judge should not have disposed the matter by saying that revision is ..... there is a right, there is remedy.' the district judge has held that no revision petition is maintainable out of the order passed by the iiird civil judge (senior division), ghaziabad and he declined to stay the proceeding of the suit in accordance with the provisions of arbitration agreement entered into between the .....

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Sep 24 1997 (HC)

Jasmel Singh Vs. Rajendra Prasad Saxena and Others

Court : Allahabad

Decided on : Sep-24-1997

Reported in : 1998(1)AWC319; (1997)3UPLBEC1998

..... appellate court is liable to be set aside because the reasons for setting aside the judgment of the trial court have not been given. likewise rejection of inadmissible evidence and reliance on oral evidence has not been given dueweight.14. the next contention of the learned counsel for the appellant has ..... is no evidence that no objection to the seniority list was filed by the appellant. there is again no evidence that the said objection has been rejected. the seniority list was not circulated nor its copy was given in time to the appellant. when his signature was obtained on the seniority list ..... a resolution was passed by the defendant no. 2 in favour of the appellant on 25.11.1982. the plaintiff filed representation which was illegally rejected by the defendant no. 6 as district inspector of schools. this order is also said to be illegal and void.4. the suit was contested ..... of this witness examined by the plaintiff, therefore, demolishes plaintiffs case that he was appointed lecturer right from the beginning. the plaintiffs stand in the plaint was that he was appointed lecturer. the appointment letter though in possession of the plaintiff was not filed. service book was not summoned by him ..... 4 be restrained from giving selection grade to the defendant no. 3 prior to 16.9.1983.3. in short the material allegations in the plaint are that the plaintiff-respondent was appointed on 28.7.1965 as lecturer in chemistry in mahatma gandhi memorial inter college, baheri, district bareilly. he .....

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Nov 13 1997 (HC)

Ram Khelawan and ors. Vs. State of U.P.

Court : Allahabad

Decided on : Nov-13-1997

Reported in : 1998CriLJ2331

..... noting down the above mentioned facts the chief judicial magistrate, by this order dated 30-8-1984, rejected the application of the accused persons pleading bar of section 195(1)(b)(ii) of the code of criminal procedure, by observing further that the entire story of the sale deed having been filed in the court ..... an enquiry independent of the record of the case on a new and fresh material and such a procedure was not favoured in patel's case : 1971crilj1437 . the forger may even prolong the proceedings in a civil court such instances can be multiplied. thus the wider view of section 195(1)(b)(iii) is ..... shekhar contends that in gopal krishna menon's case : [1983]3scr836 the receipt which was alleged to have been forged was admittedly filed along with the plaint; as such the alleged forgery had been committed before the commencement of the proceedings in the court where receipt had been filed. it is contended that ..... taking cognizance under section 195(1)(b)(ii) gets attracted....12... in this case since cognizance was already taken before filing of the document in the civil court and the original has not been filed before cognizance was taken, the high court was right in directing that the magistrate is at liberty to ..... in a narrow field. in kushal pal singh's case : air1931all443 (supra) the allahabad high court examined the powers and the right of a civil court to file a complaint. the view expressed in that case was that a segment of cases is likely to be left out of the purview .....

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Dec 19 1997 (HC)

Ramesh Chandra Saxena Vs. Vlth Additional Sessions Judge and ors.

Court : Allahabad

Decided on : Dec-19-1997

Reported in : 1998CriLJ3794

..... order dated 28th may, 1992, annexure 12, to the affidavit to the petition, rejected the application of ashok kumar jain. in the meantime, ashok kumar jain had filed civil suit no. 681 of 1991 inthecourt of munsif koli, a copy of the plaint being annexure 9 to the affidavit to the petition. it was observed by the city ..... about 12 years prior to the passing of the preliminary order under section 145, the city magistrate acquired no jurisdiction to initiate proceedings under section 145 of the code. in support of his contention learned counsel placed reliance on 1986 cr lj 1110 (gauhati) k. i. singh v. a.i. singh in which it was ..... be read together with section 145.9. there is much obfuscation about the scope of section 146. the power of attachment conferred in section 146 of the code has to be exercised in emergent situations i.e. where there is no alternative but to maintain the peace and tranquilky by attaching the property concerning which ..... and others. setting aside the order dated 27-1-1997 passed by the city magistrate aligarh - opposite party no. 2 in proceeding under section 145 of the code, be quashed.2. counter and rejoinder affidavits have been exchanged. heard sri anand kumar gupta for the petitioner and sri viresh mishra for opposite party no. 3 - ..... ordero.p. garg, j.1. this is a petition under section 482 of the code of criminal procedure with the prayer that the order dated 8-4-1997, annexure 15 of the petition, passed by sri swatantra singh, the then vlth additional .....

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