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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 2001 Page 1 of about 26 results (0.103 seconds)

Dec 05 2001 (HC)

Prem Kumari Sharma Vs. Raj Mani Dubey and ors.

Court : Allahabad

Decided on : Dec-05-2001

Reported in : 2002(1)AWC157

..... rent regarding the same premises. in that suit, the applicant moved an application under order 1. rule 10, c.p.c.. which was rejected by the trial court. therefore, the applicant filed a civil revision no. 399 of 1994. which was allowed by the district judge. allahabad on 1.2.1995 by order, annexure-1 to the ..... small causes court.10. as against this, the learned senior advocate for the respondents has argued that he has not filed that plaint. on the other hand, he has filed a fresh suit on the fresh cause of action. it is contended that first notice was given on 21.4 ..... senior advocate for the revisionist that the suit, thereafter, could have been filed only in the present form. that after taking back the plaint. it should have been presented in the court in the same form, but it was not done and fresh suit was filed in the court of judge, ..... court only. the applications were disposed of by the order, dated 29.11-1995 and after considering the facts, the then trial court ordered that the plaint be returned under section 23 of the provincial small causes court for being presented to the regular court.9. it has been argued by sri ravi kiran jain. ..... the valuation of rs. 25.000 and the valuation of the suit is more than rs. 25,000. another application was moved for return of the plaint under section 23 of the provincial small causes court act for the reason that the suit involved the question of title which could be decided by the regular .....

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Jul 19 2001 (HC)

Parmanand (Dead) Through L.Rs. Vs. Prescribed Authority (Munsif City), ...

Court : Allahabad

Decided on : Jul-19-2001

Reported in : 2001(3)AWC2302

..... of action.11. learned counsel for the petitioner further invited the attention of the court to the provisions of order xxiii. rule 2 of the code of civil procedure which is re-produced below :'any fresh suit instituted on permission granted under the last preceding rule, the plaintiff shall be bound by the law ..... that the same has been rendered un-executable and inoperative in view of applications for granting permission to file eviction suits against all remaining tenants having been rejected finally. the prescribed authority by the order dated 24.9.1981 allowed the said application of the landlords. this order of the prescribed authority has ..... 4.1976 landlord filed an application for eviction of tenant smt. saigal under section 43 (2) (rr) of the new act. the said application was rejected by the prescribed authority and the appeal was also dismissed by the district judge by the order dated 21.5.1981. against the said order. writ petition ..... reference made under section 7f was allowed by the state government on 27.6.1961 and the application of the landlord for filing suit for eviction was rejected. on the basis of permission granted by r.c.e.o. on 23.4.1960 the landlord instituted a regular suit no. 1654 of 1961 ..... fresh suit was also not maintainable as none of the ingredients of sub-section (2) of section 20 of the new act was pleaded in the plaint and as such, the suit which was filed after the commencement of the new act was itself barred by the provisions of subsection (1) of .....

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Apr 18 2001 (HC)

Sudha Shankar and Prem Shankar Vs. Jagdish Lal and Others

Court : Allahabad

Decided on : Apr-18-2001

Reported in : 2001(2)AWC1594

..... spin and the parties would swim or sink on/with the orders allowing or disallowing the application under order xi.i. rule 27. code of civil procedure. if the application is rejected, obviously the appellants shall have no case, as concurrent findings of fact have been recorded by (he two courts below that the ..... lal sharma and others, air 1981 sc 1113, in which the high court was criticized as having fallen in error in rejecting the application under order xli, rule 27, code of civil procedure on the narrow ground that there was no proper application or it did not meet the requirement of the situation. it was ..... are formulated for determination so that this second appeal may effectively be decided : (1) whether the provisions of order xli, rule 27 of the code of civil procedure can be invoked to file documents in a second appeal? or, additional evidence is receivable as a result of subsequent developments whichhad taken place on ..... of that case only. in that case, the second appeal arose out of the suit filed for possession of the property as scheduled in the plaint. the suit was decreed by the trial court. the first appellate court confirmed the judgment and decree of the trial court. the second appeal filed ..... rent in respect thereof and thereafter for executing sale deed in respect of the properties in suit as detailed and bounded at the foot of the plaint ; by the defendant nos. 1 and 2 in favour of the plaintiffs after receiving the remaining sum of rs. 13,000 as specified in .....

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Oct 16 2001 (HC)

Committee of Management, S.D.P.G. College, Muzaffarnagar and ors. Vs. ...

Court : Allahabad

Decided on : Oct-16-2001

Reported in : 2001(4)AWC3194; (2002)1UPLBEC636

..... to the said suit and the suit has not been filed even with the prior notice as contemplated under order xxxix, rule 3 of the code of civil procedure. the petitioners have relied upon the division bench decision of this court in committee of management of ambika pratap narain degree college, basti and anr ..... div.) muzaffarnagar entertaining the suit filed on behalf of the respondents and granting ex parte injunction order under order xxxix, rule 2, code of civil procedure. this order is challenged by the petitioners, inter alia, on the grounds that according to the relief claimed in the writ petition ..... there is no bar to this court entertaining this writ petition and the writ petition is, therefore, entertained and the objections of the respondents are rejected. further the fact in support of the petitioners' arguments that vice-chancellor has already invited both the petitioners as well as the respondents to appear ..... out of which the impugned order in the present writ petition was passed. the reliefs sought for in the suit clearly show from the perusal of plaint, which is annexed as annexure-15 to the writ petition, that it is in effect of the order dated august 1, 2001, annexure-13 to ..... not validly instituted, the petitioners should not have rushed up to this court but in case they feel aggrieved, they should have gone before the civil court, either for the recall of the order of injunction impugned in the present writ petition, or may approach the appellate court. it is contended .....

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Sep 10 2001 (HC)

Jai Singh Vs. Iind Addl. District Judge, Muzaffarnagar and ors.

Court : Allahabad

Decided on : Sep-10-2001

Reported in : 2001(4)AWC2826

..... deed in respect of agricultural holding is for securing of his rights and interests by the plaintiff in that land, then to say any plaint presented before the civil court based on a cause of action on which relief for cancellation could be obtained is a facade or camouflage, would amount to defeating ..... 1) except as provided by or under this act no court other than a court mentioned in column 4 of schedule ii shall, notwithstanding anything containedin the civil procedure code, 1908 take cognizance of any suit, application, or proceedings mentioned in column 3 thereof (or a suit, application or proceedings based on a cause of ..... in support of the contention that in the event the plaintiff is not recorded in revenue papers and the allegations in the plaint leads the documents to be void then the civil court has no jurisdiction to try the suit.9. learned counsel for respondents in support of the submission that the suit for ..... recorded. the diversion of the opinion appears to be only in the cases where the deed sought to be cancelled on the allegations made in the plaint appears to be void and if the plaintiff is not recorded in the revenue papers. if the plaintiff is recorded in the revenue papers, then ..... 1993 awc 1695, given by hon. s. k. phaujdar, j. the ratio of the aforesaid cases appears to be that if the document claimed in the plaint to be void, and the plaintiff is not recorded in the revenue papers, the main relief appears to be of declaration to the rights and, therefore, .....

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Feb 12 2001 (HC)

Moreshwar Savey and Etc. Vs. State of U.P. and anr.

Court : Allahabad

Decided on : Feb-12-2001

Reported in : 2001CriLJ1765

..... amongst all the accused persons to accomplish the conspiracy to demolish the disputed structure. he has further submitted that the scheme of the code of criminal procedure contemplates the provision of joint trial as contained in section 223(1)(d), according to which the persons accused of different offences committed ..... on behalf of c.b.i, as it relates to maintainability of the petition under section 482 cr. p.c. against such interlocutory order rejecting the plea of the accused which, if accepted would conclude the proceedings.43. i have given my anxious consideration to the submissions made by the ..... place of worship for muslims and whether an already defiled structure can be defiled again? andissue no, 10 whether it was a dispute of civil nature and has wrongly been shown as a criminal offence?both the above issues are co-related therefore they are being considered together, 85. sri ..... a 'criminal offence', overlooking the position that the 'blameworthy conduct' in the adjudicatory proceedings is established by proof only of the breach of a civil obligation under the act, for which the defaulter is obliged to make amends by payment of the penalty imposed under section 23(1)(a) of ..... was a sacred place of worship for muslims and whether an already defiled structure can be defiled again?10. whether it was a dispute of civil nature and has wrongly been shown as a criminal offence?11. whether actual culprits who had received, injuries while demolishing the disputed structure and .....

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Dec 13 2001 (HC)

In Re: Khaitan Overseas and Finance Ltd.

Court : Allahabad

Decided on : Dec-13-2001

Reported in : (2002)1CompLJ274(All)

..... that the power itself is lacking, the question for going into the aspect of proviso to rule 21 did not arise and the petition was, accordingly, rejected. 7.the patna high court in boc india ltd.'s case (supra), held that individual directors have been vested with only such powers as are vested ..... abode of the deponent. it shall be signed by the deponent and sworn to in the manner prescribed by the code or by the rules and practice of the court. order xix of the civil procedure code was amended by the allahabad high court amendments, by inserting rules 4 to 15, providing for requirements of an affidavit ..... proceeding against the aforesaid companies or any of them for recovery of the amounts that may become due or payable to us; and also to affirm plaints, affidavits and other pleadings that may be necessary and as our said attorney may think fit and proper and to engage solicitors, advocates, pleaders and ..... defined in law lexicon as under : law suit suit instituted in a law court. an action at law; litigation. an action or a proceeding in a civil court. 11. a suit, thus, amounts to legal proceedings initiated for any actionable claim, in the court of law. the question whether winding up proceedings will ..... action or cause instituted or depending between two private persons in the court of law. a suit at law or in equity; an action or proceeding in a civil court; a process in law instituted by one party to compel another to do him justice. shepherd v. standard motor co. 263 ky. 329, 92 s .....

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Sep 12 2001 (HC)

Vidya Singh Vs. Programme Support Unit Foundation and anr.

Court : Allahabad

Decided on : Sep-12-2001

Reported in : 2001(4)AWC2916

..... criminal case and as such, no order for their attachment could be passed. it is this order, which has been challenged in civil revision no. 455 of 2001. after the rejection of her application, a review application was filed by the applicant on the ground that in the application for attachment, certain movable ..... submits that in view of the amendment application, there remains no controversy about the maintainability of the suit. secondly, he submits that even on the plaint as it stands, the suit is maintainable in the judge small causes court. the amendment application was made after the impugned orders were passed and ..... clause. the plaintiff has sought a decree for rent and damages. no relief for ejectment has been sought nor is there any averment in the plaint that the tenancy of opposite party-defendant has been determined.17. shri s.n. srivastava, learned counsel for the applicant refers to two supplementary ..... its employees apart from rent, etc., due to the applicant. the plaintiff says that apart from moveable properties, which have been mentioned in the plaint in varanasi and at the head office of the opposite party at lucknow, there is no other property available with the opposite party to clear ..... 10. i will now examine some of the other provisions of the code. section 136(1), c.p.c. specifically provides for attachment of property outside the local limits of the court's jurisdiction. it reads thus :'136. procedure where person to be arrested or property to be attached is outside .....

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Mar 16 2001 (HC)

Shyam Sunder and Others Vs. Firm NaraIn Das Bal Krishna Das and Others

Court : Allahabad

Decided on : Mar-16-2001

Reported in : 2001(2)AWC1180

..... . the issue no. 4 was framed in that suit and it was held that the suit is enlertainable in the revenue court and, therefore, the plaint was returned for presentation to proper court. against that order civil appeal no. 288 of 1968 was filed, in which the suit was again converted into objection under section 47, c.p.c. the objections filed ..... rejected on 30.8.1958 on the ground that identical objectionshave already been rejected. thereafter, the sale was confirmed and the decree holder/purchaser obtained possession on 16.5.1959.4. objections under section 47, c.p.c ..... purchased by decree holder-plaintiff himself.'3. thereafter on 17.4.1958, uma shankar partner of the firm filed objections under order xxi, rule 90. c.p.c. which were rejected in default on 26.7.1958. the judgment debtor again filed objections under order xxi, rule 90, c.p.c. on 30.8.1958 which were ..... 47,. c.p.c. (misc. case no. 108 of 1971 and misc. case no. 113 of 1964) were dismissed by common order on 13.1.1973. against that order two civil appeal nos. 146 of 1973 and 148 of 1973 were filed. the appeals have been dismissed by a common judgment dated 7.2.1974. against that judgments, the present second .....

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Feb 27 2001 (HC)

J.H.V. Sugar Corporation Ltd. Vs. Chief Controlling Revenue Authority, ...

Court : Allahabad

Decided on : Feb-27-2001

Reported in : 2001(2)AWC1170; (2001)2UPLBEC1140

..... instrument coming before him in the course of any proceeding other than a proceeding under sections 125 to 128 and sections 145 to 148 of the code of criminal procedure. 1973. (b) in the case of a judge of high court, the duty of examining and impounding any instrument under this section may be ..... the act, it would be apparent that the question as to what duty is chargeable on the instrument has to be decided in accordance with the procedure prescribed under section 47a of the act (as applicable to the state of uttar pradesh). the re-determination of the correctness of the market value ..... liable to pay the duty.'the question as to what stamp duty is chargeable on a particular instrument has to be decided in accordance with the procedure prescribed under section 47a of the act. the order passed under section 47a is amenable to revisional jurisdiction conferred on the chief controlling revenue authority under ..... officer has to send the original document to the collector under section 38, clause (2) and, it is only then that the collector can adopt the procedure laid down in section 40. again a reference was made to a full bench decision of andhra pradesh high court in manganti suryanarayana v. board of ..... sent to him under section 38, sub-section (2), not being a receipt or a bill of exchange or promissory note, he shall adopt the following procedure : (a) if he is of opinion that such instrument is duly stamped or is not chargeable with duty, he shall certify byendorsement thereon that it is .....

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