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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 2001 Page 3 of about 26 results (0.028 seconds)

Apr 17 2001 (HC)

Mahesh Chauhan Vs. Anil and Others

Court : Allahabad

Decided on : Apr-17-2001

Reported in : 2001(3)AWC1691; (2001)2UPLBEC1277

..... next submission of the learned counsel for the petitioner is that the election petition was not verified by respondent no. 1 and it was liable to be rejected. the election petition was filed along with an affidavit. the district judge has permitted respondent no. 1 to verify the pleadings and the pleadings had been ..... 1955 sc 610, it was held that in absence of enumeration of various paragraphs in the verification clause cannot be considered as a defect so as to reject the election petition. in provabati kunwar v. kaiser kunwar and others. air 1959 cal 642. it was held that a suit cannot and ought not ..... the election petitioner, respondent no. 1 was sworn on 3.7.2000 at delhi much before the presentation of the election petition. the district judge rejected the application on 18.8.2000 on the finding that on the date of the presentation of the election petition, the election petitioner was present in ..... air 1986 all 290. it was contended that the verification in the election petition was defective, as theverification was not done at the foot of the plaint as required under law but at some other page. the court held that it was immaterial whether the verification is made in continuation of the preceding ..... paragraph or on a separate page after the plaint ended. in all india re-porter ltd. v. ramchandra dhondo datar, air 1961 bom 292. the court held that the plaint is to be verified by the plaintiff or one of the plaintiffs or by some .....

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Jul 06 2001 (HC)

Lala Sumer Chand Goel (Dead) Through L.Rs. Vs. Rakesh Kumar

Court : Allahabad

Decided on : Jul-06-2001

Reported in : 2001(3)AWC2221

..... no doubt, he contended that insertion of the fact that he was holding power-of-attorney of dharam chand was obtained by fraud but this contention was rejected by both the courts below and cannot be re-agitated in this second appeal, as it was pure question of fact. therefore, the agreement to sell ..... lala sumer chand goel entered into a contract of sale with the plaintiff on 9.9.1975 to sell the property detailed at the foot of the plaint for a sale consideration of rs. 4.000. the plaintiff paid whole sale consideration of rs. 4.000 to the defendant on 9.9.1975 and ..... was entitled to recover the above amount of rs. 500 from the defendant in the same suit. with these findings, the lower appellate court dismissed the civil appeal no. 337 of 1980 filed by the defendant with costs throughout and allowed the appeal filed by plaintiff and also decreed the suit of the plaintiff ..... this second appeal against the judgment and decree dated 23.3.1984 passed by sri k, k. srivastava. the then learned additional district judge, saharanpur in civil appeal no. 337 of 1980 confirming the decree of specific performance passed by trial court and also awarding decree of recovery of rs. 500 arising out ..... dismissed the suit for recovery of rs. 500.5. aggrieved with the above judgment and decree of trial court, the defendant filed civil appeal no. 337 of 1980 and the plaintiff filed civil appeal no. 393 of 1980. both the appeals were taken together and decided by the lower appellate court by a common judgment. .....

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Sep 27 2001 (HC)

Raghuvir Singh Bhatty Vs. Ram Chandra Waman Subhedar

Court : Allahabad

Decided on : Sep-27-2001

Reported in : 2001(4)AWC3140

..... be taken note of. these are lachmeshwar v. keshwar lal and ramesh kumar v. kesho ram : air1992sc700 . shri ravi kant, on the other hand, contends that on account of the rejection of the permission on 1.2.1985 and the land having been declared surplus, the contract stood frustrated. he relies upon the decision of the apex court in k. narendra ..... . but nothing of the kind was done by the plaintiff. in the meantime, the prices of property had sharply escalated. the plaintiff was conscious of this fact and in the plaint, he charged the defendant for having avoided to execute the sale deed on account of escalation of the price. the defendant too in his written statement though denying this to .....

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Oct 17 2001 (HC)

Dhan Ji Ahir and ors. Vs. State of U.P.

Court : Allahabad

Decided on : Oct-17-2001

Reported in : 2002CriLJ1853

..... was evenly balanced. in such a situation the rule of prudence requires the court to examine and scrutinize the evidence with care and caution but there is no law to reject the evidence of the prosecution witnesses merely on the ground of their being partisan.19. in this case prosecution produced three witnesses to depose with regard to the assault made ..... those who have been acquitted. as far as this submission of learned counsel is corcerned it is now well settled that consistent evidence of eye witnesses is not liable to rejection merely on the ground that their evidence has not been accepted with regard to some acquitted accused persons. the maxim falsus in uno falsus in omnibus is neither a sound .....

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Sep 06 2001 (HC)

Radhey Shyam and Etc. Vs. State of U.P.

Court : Allahabad

Decided on : Sep-06-2001

Reported in : 2002CriLJ1227

..... passed by vii additional sessions judge, ghaziabad are set aside. the two appellants radhey shyam and balbeer singh are held not guilty of the offence punishable under section 302, ipc read with section 34, ipc and also under section 381, ipc. they are acquitted of the same. they are in jail and shall be released forthwith if not wanted in any other case. ..... dated 9-11-1981 passed by sri n.p. verma, vii addl. sessions judge, ghaziabad, thereby convicting appellants balbeer singh and radhey shyam for the offence punishable under section 302, ipc read with section 34, ipc and sentencing them to undergo imprisonment for life. the two appellants were further held guilty for the offence punishable under section 381 ..... , ipc and were sentenced to undergo imprisonment for three years r.i. both the sentences were directed to run concurrently. since the two appeals arise out of the same judgment and .....

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Feb 08 2001 (HC)

Committee of Management and ors. Vs. District Inspector of Schools and ...

Court : Allahabad

Decided on : Feb-08-2001

Reported in : (2001)2UPLBEC1314

..... ram goswami from interfering illegally in the affairs of the institution. an application for temporary injunction under order xxxix, rules 1 and 2, cpc was also filed in the said suit in which temporary injunction was granted in favour of the plaintiffs namely the petitioners on 12th may, 2000 by the ..... , as such the present writ petition cannot be dismissed on the ground of tendency of the civil proceedings or on the ground that two writ petitions filed at allahabad have been dismissed, is also to be rejected on the ground that the basic question for determination is the question regarding managing the affairs of ..... of the petitioners to manage the affairs of the institution as being duly elected manager of the committee of management is concerned. a perusal of the plaint and particularly relief clause in the suit leaves no room of doubt that a specific prayer has been made seeking a declaratory decree that the petitioner ..... assistant registrar dated 3.11.1998 as per observations made by the high court in the writ petition filed by the petitioner. a copy of the plaint of the said suit has also been brought on record. in this suit a proper has again been made for grant of declaration to the effect ..... 2000 was filed by the petitioners against smt. mayawati devi, ram kripal pandey and dhani ram goswami, principal of the college, a copy of the plaint filed by the petitioner has been brought on record as annexure c.a.-10 to the counter-affidavit. in this suit the fact that mata din mishra .....

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