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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 2006 Page 4 of about 45 results (0.029 seconds)

Jan 27 2006 (HC)

Ram Shanker Vs. Viith A.D.J. and ors.

Court : Allahabad

Decided on : Jan-27-2006

Reported in : 2006(3)AWC2458

..... 30 of the act had been withdrawn by the landlord or not. in my opinion application to summon the file of case under section 30 of the act was wrongly rejected by the revisional court.8. accordingly, writ petition is allowed. judgment and order passed by the revisional court dated 25.2.2000 is set aside and the revision is remanded ..... to the writ petition it was clearly stated in para 3 that tenant had deposited the rent until 31.5.1984 and landlord had withdrawn the said rent. in the plaint it was also stated that petitioner was not able to obtain certified copy of such document which could show that the amount deposited by him under section 30 of the ..... was registered as s.c.c. suit no. 850 of 1984 on the file of j.s.c.c, kanpur. admitted rate of rent is rs. 18.13. in the plaint of the suit eviction was sought on the ground of default and recovery of arrears of rent was also prayed for.3. first landlord had given a notice on 8 .....

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Feb 21 2006 (TRI)

Hyper Chemicals and Cosmetics Vs. State Bank of Patiala

Court : DRAT Allahabad

Decided on : Feb-21-2006

Reported in : II(2006)BC184

..... 17-a for the purpose of additional evidence. the principle relating to additional evidence is totally different than provision of order 6 rule 17 of the cpc relating to amendment of pleadings.regarding due diligence i have already stated that the delay although not being explained from the side of the respondent, the ..... are governed under order 6 rule 17 of the c.p.c. amendment under that order and rule had been made by the amendment of the cpc in year 2002 and a proviso had been added creating a bar in amendment of the pleadings after the trial being commenced. here in the present ..... delay in seeking amendment, the appellant should be compensated for such delay and of their convenience, if any.6. in the result, the appeal is rejected and a part of the impugned order regarding amendment is hereby allowed on condition of payment of rs. 1,000/- from the side of the respondent-bank ..... .a. no. 507/2000. once the case was decided in favour of the respondent bank and the counter claim made by the defendant-appellants have been rejected. the appeal was filed against such judgment and order before this appellate tribunal, which was numbered as appeal no. r-294/03. the then chairperson of ..... of the case. air 1971 sc 2177 relates to amendment being sought in the plaint regarding some other matter, when remand order was restricted to a fresh decision on the ground of resjudicata and hence the apex court had rejected such amendment, but in the present case i have already stated that remand order .....

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Jan 04 2006 (TRI)

Bank of Baroda Vs. Bombay Burma Trading Co. and ors.

Court : DRAT Allahabad

Decided on : Jan-04-2006

Reported in : 3(2006)BC104

..... 5, 7 and 10 without filing written statement filed a petition under the said provisions of cpc asking better particulars and also for deletion of their names from the proceedings and also for rejection of plaint against them. it should be mentioned here that the bank was asked by the tribunal as claimed ..... stage, the contesting defendants respondents had not filed their written statement and in such position, there was no scope to consider such applications of rejection of plaint or deleting of some of the defendants without ascertaining the liability, whether existing or not.6. in support of the contention of the appellant ..... controverted by the contesting respondents. it is too early to make a finding that the defendant nos. 3 to 11 have been misjoined in the plaint. moreover, such finding has been made, when defendant nos. 3 and 11 has never made any assertions regarding their non-liability. in such circumstances ..... of the contesting respondents, i have perused the records and find that although some sort of surmises were there in the different paragraphs of the plaint, but collusion have been asserted from the very beginning against all the defendants. moreover, in the objection filed against the applicants of the contesting ..... and order 6 rule 5 and order 7 rule 11 of the cpc read with section 151 of the cpc have been allowed and appellant bank was asked to delete the names of defendant nos, 3 to 11 from the plaint by filing amendment petition and for misjoinder of defendant nos. 4, .....

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Apr 28 2006 (HC)

CaptaIn Jagdish Chandra Varshney Vs. Smt. Muni Varshney and anr.

Court : Allahabad

Decided on : Apr-28-2006

Reported in : AIR2006All347

..... no. 2 of nagar nigam. allahabad dated 13-19-1999 directing the name of smt. archana varshney to be recorded on house no. 44/41 new catchery ex scheme and rejecting objection of shri krishna murari lal gupta dated 24-7-1999 on the basis of unregistered will. the impleadment application was allowed on 28-3-2006 and on the same ..... . smt. munni varshney also filed objections to the impleadment of the administrator general.8. shri varshney sabha prayag filed an - application under order vi rule 17 read with section 151 cpc for amending its application which was allowed on 12-3-2003, amending praying for 'probate' to 'letters of administration' and annexing an affidavit of valuation.9. smt. munni varshney expired ..... properties except those which he had given to smt. munni to varshney sabha prayag. the will was witnessed by shri jagdish chandra dixit and shri aditya narayan singh.4. the plaint encloses death certificate of the deceased; an affidavit of shri jagdish chandra dixit, the attesting witnesses and schedule of propeties with its valuation.5. a caveat application was filed by ..... registered under the act, if not vested in trustees, shall be deemed to be vested for the time being in the governing body of such societies and in all proceedings civil and criminal may be prescribed as the property of the governing body of such society through proper title. in board of trustees, ayurvedic and unani tibba college, tibba v. state .....

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May 25 2006 (TRI)

North Eastern Carrying Vs. Central Bank of India and ors.

Court : DRAT Allahabad

Decided on : May-25-2006

Reported in : IV(2006)BC121

..... act) for setting aside ex pane judgment delivered on 20th september, 2000 in t.a. no. 386/98 has been rejected.2. the brief facts are that respondent-c.b.i. filed a civil suit: for recovery of rs. 10,78,162/- along with interest, cost, etc. against respondent no. 2-jiyaji ..... stated that in two other cases of two different banks the appellants with similar allegation were made parties but ultimately the same presiding officer had rejected the claim of those banks against the appellant. as the restoration petition is hopelessly barred by limitation for more than a year, a petition under ..... judge of high court, madhya pradesh and official liquidator was appointed and at the instance of the respondent bank amendment was made in the original plaint/origtnal application to bring the official liquidator on records. at that time learned presiding officer asked for service of notice on all the defendants under ..... was filed by the appellant along with the restoration petition. there were also averments regarding non service of summons in proper form as copy of plaint, documents annexed, evidence in affidavit had never been sent to the appellants and the appellant corporation have been transformed into a company and as per ..... had the knowledge of the proceedings while it was pending before the civil court and in their presence the case was transferred to the tribunal. in that way, under the amended proviso of the order 9 rule 13 of the cpc which is para materia the same as that of section 22(2 .....

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May 22 2006 (HC)

Dukhan Prasad Singh Son of Sri Karu Prasad Singh Vs. Union of India (U ...

Court : Allahabad

Decided on : May-22-2006

Reported in : 2006(4)AWC3210

..... the complaint or report of a police officer, of which the magistrate takes cognizance, is made, and(ii) in the case of civil proceedings, on the date the plaint is presented in the court.8. from the reading of the aforesaid rule, we find that under sub-rule (1) the president ..... four years before such institution and shall be conducted by such authority and in such place as the president may direct in accordance with the procedure applicable to departmental proceedings relating to the government servant has been made applicable.12. sub-rule (4) provides for sanction of a provisional pension ..... iii) shall be conducted by such authority and in such authority and in such place as the president may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the government servant during his service.(3 ..... where the judicial proceedings are instituted or after his retirement the same are continued. according to him, the tribunal had given good reasons for rejecting the claim of the petitioner and it does not call for any interference under article 226/227 of the constitution of india.7. having given ..... had dismissed the original application filed by the petitioner, which order is under challenge in the present writ petition. the tribunal vide impugned order has rejected the claim made by the petitioner on the following ground:...perusal of rule-9 of ccs (pension) rules, 1972 shows that president has the .....

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Mar 23 2006 (HC)

Sri Jalesh Bhatia S/O Sri R.R. Bhatia, Vs. the U.P. Financial Corporat ...

Court : Allahabad

Decided on : Mar-23-2006

Reported in : 2006(3)AWC2480; I(2007)BC130

..... newspapers but as the petitioners did not read the newspapers, it cannot be presumed that they had knowledge of this notice. this submission has merely to be stated to be rejected. the advertisements had been published in national newspapers having wide publicity and, therefore, in such circumstances the petitioners cannot plead ignorance of the advertisements.20. there is also no force ..... participation, tender and negotiation could also be adopted.(vii) the financial corporation is always expected to try and realize the maximum sale price by selling the assets by following a procedure which is transparent and acceptable, after due publicity, wherever possible and if any reason is indicated or cause shown for the default, the same has to be considered in its ..... dues by the corporation by sale of assets. it is always expected that the corporation will try and realize the maximum sale price by selling the assets by following a procedure which is transparent and acceptable, after due publicity, wherever possible.(emphasis supplied)13. in gajraj jain v. state of bihar and ors. : (2004)7scc151 and s.j.s. business enterprises ..... borrower has no genuine intention to repay the adopts pretexts and ploys to avoid payment, he cannot make the grievance that the corporation was not acting fairly, even if requisite procedures have been followed..the fairness required of the corporations cannot be carried to the extent of disabling them from recovering what is due to them. the matter can be looked .....

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Apr 18 2006 (HC)

State of U.P. and anr. Vs. Kaushal Hari NaraIn and ors.

Court : Allahabad

Decided on : Apr-18-2006

Reported in : 2006(4)AWC3701

..... being the position, this court could have given further direction even suo motu. making an application by the applicant, therefore, cannot be a ground for rejection of his prayer.13. technically, the objection of the learned standing counsel that the state cannot be held responsible for making good this loss to the ..... proceedings; and(iii) shall be conducted by such authority and in such place or places as the governor may direct and in accordance with the procedure applicable to proceedings on which an order of dismissal from service may be made.(b) judicial proceedings, if not instituted while the officer was on ..... officer concerned.9. since more than 4 years have lapsed since the retirement of gaya prasad srivastava, no action in view of article 351a of civil services regulations against said gaya prasad srivastava is possible.10. having come across with such a situation, this court thought it proper that the high ..... charge-sheet is submitted, to a criminal court; and(ii) in the case of civil ' proceedings, on the date on which the plaint is presented or, as the case may be, an application is made, to a civil court. note.--as soon as proceedings of the nature referred to in this article are ..... that the termination of services of the applicant was arbitrary and without sufficient cause.3. during the pendency of the aforesaid writ petition, this court on civil misc. application no. 4743 (w) of 1991, had passed an interim order on 5.3.1991 as follows:sri p.k. srivastava has put .....

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Dec 15 2006 (HC)

Committee of Management, Shri Mohan Singh Inter College Through Its Ma ...

Court : Allahabad

Decided on : Dec-15-2006

Reported in : [2007]289ITR224(All)

..... conditions of recognition of institution for the purposes of its examinations and likewise 15 (g) regarding the conduct of examinations. the regulations framed by the board prescribes a very detailed procedure for recognition of the institution. it also mentions that in case high school is there the recognition of intermediate shall be given. the regulations framed by the board prescribe all ..... well as the apex court has attached great significance to the education and the efficacy of the system, which, it bears no dispute, is essential for the development of entire civilization, entire society and mankind, and paves way for establishment of democratic society and furtherance of aims and objects of the constitutional democracy. the economic development is the predictable result of ..... in pai foundation (t.m.a. pai foundation v. state of karnataka : air2003sc355 : (scc p.635, para 287)287. education plays a cardinal role in transforming a society into a civilized nation. it accelerates the progress of the country in every sphere of national activity. no section of the citizens can be ignored or left behind because it would hamper the ..... of an information society and contribute effectively to the growth of a knowledge society. (ibid., p.246) alvin toffler (1980) has advanced the idea that power at the dawn of civilization resided in the 'muscle'. power then got associated with money and in the 20th century it shifted its focus to 'mind'. thus the shift from physical power to wealth power .....

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Feb 08 2006 (HC)

Molahey and anr. Vs. State of U.P. and anr.

Court : Allahabad

Decided on : Feb-08-2006

Reported in : 2006(3)AWC2644

..... the master plan of 2001 and the new master plan has been prepared only at the direction of this court. it is also not denied that the procedure as prescribed under sections 8 to 11 of urban planning and development act, 1973 has been followed in preparation of the master plan, 2021. it has ..... lucknow has been prepared under section 8 of the uttar pradesh urban planning and development act, 1973 (hereinafter to be referred as 'act') after following the procedure under section 11 of the act and after submitting it to the state government under section 10(2) of the act. the state government filed the approved ..... considered the various objections/suggestions provided by the public and the other institutions and after considering those objections this committee finalised the master plan and recommended the rejection of the objections/suggestions of the public seeking the change in the land use of the land of the petitioners involved. thereafter, it was sent to the ..... and approved the same as final master plan under section 10(2) of the act on 31.3.2005. it is alleged that no procedural irregularity has been committed by the lucknow development authority while preparing the master plan. 2021 under section 8 of the act as the ..... procedure prescribed under section 11 of the act was fully complied with. it is also alleged that section 11(3) of the act clearly provides .....

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