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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 2010 Page 1 of about 14 results (0.031 seconds)

Sep 24 2010 (HC)

Ms Larsen and Toubro Limited. Vs. Ms Maharaji Educational Trust

Court : Allahabad

Decided on : Sep-24-2010

..... raised or could have been raised at that stage cannot be allowed to be raised again and again by pressing into service section 47 of the code of civil procedure at the time of execution of award under section 36 of the act. 28. in view of the aforesaid facts and discussions, the applicant ..... 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 ..... i have considered the arguments advanced by the learned counsel for the parties and perused the record. 11. it is no doubt correct that district judge has rejected the objections filed by the applicant under section 47 c. p. c. in the proceedings for execution of the award on the ground that they are ..... section 151 c.p.c.. the district judge vide impugned judgment and order dated 26.3.2010 dismissed the objection on the ground that earlier order rejecting the application under section 34 of the act will operate as res-judicata and hence objection filed under section 47 c.p.c. was not maintainable ..... with an application for condonation of delay under section 14 of the limitation act. the district judge, ghaziabad vide judgment and order dated 14.12.2007 rejected the application for condonation of delay and as a result, the application under section 34 of the act also stood dismissed. the order was challenged .....

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Sep 30 2010 (HC)

Gopal Singh Visharad Vs. Zahoor Ahmad and ors

Court : Allahabad

Decided on : Sep-30-2010

..... is a settled proposition of law that a suit against the government or public officer to which the requirement of a public notice under section 80 of code of civil procedure is attracted, cannot be validly instituted even after giving the notice until the expiry of the period of two months, next after the notice in writing ..... section imposes statutory and unqualified obligation of court and the suit not complied with section 80 c.p.c. cannot be entertained and if instituted, the plaint must be rejected under order 7 rule 11 c.p.c. it further transpires that defendants, district magistrate, city magistrate and superintendent of police acted in discharge of their ..... the fact that parties have advanced the arguments and the matter is tied up, accordingly i think this is not a fit case in which the plaint has to be rejected by invoking power under order 7 rule-11 c.p.c. 41. since this is a suit for declaration, accordingly in view of the ..... bad for want of permission under order 1 rule 8 c.p.c. and notice under section 80 c.p.c. and is liable to be rejected under order vii rule 11 c.p.c. keeping of the idol in the mosque in the night of 22/23rd december, 1949 will not confer any ..... been arrayed and he does not want to press the relief against any other defendants. consequently, this court is of the view that in view of plaint averments it can conclusively be said that since the suit was filed in individual capacity against certain persons, accordingly it was not necessary for the plaintiff to .....

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Sep 21 2010 (HC)

Major S.N.Tripathi ( as Per Electoral Roll) Vs. the Election Commissio ...

Court : Allahabad

Decided on : Sep-21-2010

..... code of civil procedure. it was further submitted that whatsoever incomplete affidavit has been filed by the petitioner that is not permissible under the law and verification of the paragraphs are also incomplete. further, it was stated that the petitioner is required to verify all the annexures/schedule in the same manner in which the plaint ..... petitioner also took a plea that this court cannot exercise its power either under order vi rule 16 or order vii rule 11 of the code to reject the election petition at the threshold. the argument is two-fold viz (i) that even if the election petition was liable to be ..... act and same is discriminatory in terms of democratic constitutional rights of the citizens. the petitioner submits that his nomination paper has been improperly rejected. for this purpose, the petitioner has drawn attention to the annexure no. 4 to the election petition, which is form 2-b prescribed ..... liable to be dismissed. 17. further, the petitioner took another plea which is mentioned as main ground in the election petition i.e. rejection of the petitioner's nomination by the returning officer on the ground that the petitioner's nomination was not proposed by the required number of ..... candidate and ten proposers were required in his case but ten proposers were not available to him. so, the concerning returning officer has rightly rejected his nomination. lastly, he submits that the petition may be dismissed with costs. 12. after hearing the parties at length and on perusal of .....

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Feb 25 2010 (HC)

Ram Sukh Sharma Vs. K.D.A.

Court : Allahabad

Decided on : Feb-25-2010

..... of city of bangalore v. syed iqbal hussain (2005) 9 scc 362 and do not find any ingredients as required under section 100 of the code of civil procedure are attracted in the present case.27. accordingly, the appeals are dismissed. all the consequences shall follow. the execution proceedings shall immediately commence and be ..... concurrent findings against the appellant. in appeal , the first appellate court had no right to enter into execution proceedings and his applications, and the appellants' plaint were rightly rejected. the detailed orders were passed. sri anurag khanna has relied upon the following judgements in support of his argument. state of bihar v. dhirendra : 1995 ..... 2003 against the order dated 14.3.2001 and 14.7.2003 arising out of suit no. 1318 of 1993. the court at kanpur had rejected the plaint on the ground that the suit was not maintainable after completion of the land acquisition proceedings in accordance with law. reliance was placed on two ..... suit no. 201 of 1991. similarly in respect of suit no. 1318 of 1993 filed by buddh narayan agnihotri against hari ji nigam, the plaint was again rejected. taking note of application submitted by hari ji nigam under o.17 rule 11 c.p.c. the order was passed on 14.3.2001 ..... filed by hari ji nigam was decided on 14.3.2001. the objection of hari ji nigam under order 7 rule 11 was taken note and plaint was rejected. against this order dated 14.3.2001 passed in suit no. 291 of 1991, the appeal was preferred and the same was dismissed on .....

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Jun 28 2010 (HC)

Ajai Kumar Singh S/O Dr.C.B.Singh. Vs. State of U.P. Through Its Secre ...

Court : Allahabad

Decided on : Jun-28-2010

..... , lucknow development authority and executive engineer, lucknow development authority, 02 tenders of m/s shaurya towers pvt limited and m/s brindavan gulmohan enterprises were recommended to be rejected and the remaining 33 tenders were recommended to be accepted.9. the aforesaid recommendations was accepted by the vice chairman,lucknow development authority. the remaining 33 tenders whose technical ..... courts must encourage genuine and bona fide pil and effectively discourage and curb the pil filed for extraneous considerations.(2) instead of every individual judge devising his own procedure for dealing with the public interest litigation, it would be appropriate for each high court to properly formulate rules for encouraging the genuine pil and discouraging the pil ..... infringed and violated and whose grievances go unnoticed, unrepresented and unheard; yet we cannot avoid but express our opinion that while genuine litigants with legitimate grievances relating to civil matters involving properties worth hundreds of millions of rupees and criminal cases in which persons sentenced to death facing gallows under untold agony and persons sentenced to life ..... discharge orders and perused the same.33. though it is true that dharam pal who appeared before this court supporting the case of the state of haryana in civil appeal n0.5412 of 1990 with full vigour, appears to have suddenly reversed back from his earlier stand and given an affidavit withdrawing his allegations. the question whether .....

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Sep 06 2010 (HC)

Ms Guruni Motors Private Limited and Others. Vs. Col. S. K. Sharma

Court : Allahabad

Decided on : Sep-06-2010

..... dated 18.07.2009. 3. brief facts of the case are that by order dated 18.07.2009, the additional district judge, court no. 18 agra rejected the applications no. 203-ga for summoning the witness n. k. singhal under order 16 rule 1 c.p.c., application no. 205-ga for the ..... , the two sets of defendants filed an application under order 9, rule 13 of the civil procedure code before the trial court and simultaneously they also filed two revisions before the high court being civil revision no. 83 of 2005 and civil revision no. 84 of 2005; that the suit of the plaintiffs/respondents is based on ..... to respondent no. 2 smt. indira sharma wife of respondent no. 1, col s. k. sharma, separately. it has also been asserted in the plaint that the defendants ist set/ petitioners in pursuance of the said agreement paid rent to the respondent no. 1 continuously up to march 2003 at the old ..... was also moved after the closure of the evidence, by means of an amendment application which was rejected by the trial court vide order dated 20.10.2008. this order was challenged by the petitioners in civil revision no. 4555 of 2008 which was dismissed by the high court vide order and judgment dated ..... appears that on receipt of the said notice the defendants ist set/petitioners in order to obtain of an interim oder, the petitioners instead of filing civil revision, preferred the present writ petition. he also states that in the interim applications filed by the petitioners they never prayed for grant of any interim .....

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Jul 01 2010 (HC)

Dr. Ram Prakash GuptA. Vs. D.J. and Others.

Court : Allahabad

Decided on : Jul-01-2010

..... a sale deed in favour of the plaintiff respondent.2. an application being paper no.17/c was filed by the petitioner for rejection of the plaint on the ground that the civil court has no jurisdiction to entertain the suit as in the mutation proceeding which was litigated up to the board of revenue, the ..... the present writ petition being aggrieved by the orders passed by the two courts below rejecting his application filed under order 7 rule 11 c.p.c. to reject the plaint as the suit, according to him, is not cognizable by civil court. the said suit has been filed by the contesting respondent no.3 herein for ..... court and as such, the suit is barred by section 331 of the u.p.z.a. & l.r. act. the said application having been rejected by the two courts below by the impugned orders, the present writ petition is at the instance of the defendant.3. heard the learned counsel for the ..... that the finding by the courts below that the prayer in the suit is not for declaration of title and the civil court has jurisdiction, is legally untenable. on a plain reading of the plaint, it is clear that the plaintiff has sought declaration of his title over the land in dispute, submits the petitioner. ..... stand. they are hereby set aside. in view of the discussion made above, it is held that the suit is not maintainable before a civil court. the plaintiff may take back the plaint for presentation before proper court. the writ petition succeeds and is allowed. as none appeared to oppose it, no order as to costs. .....

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Sep 27 2010 (HC)

Mahabir Prasad Gautam and anr. Vs. State of U.P.and anr.

Court : Allahabad

Decided on : Sep-27-2010

..... explanation for the silence between 1995 to 2001. therefore, it is submitted that the high court was not justified in rejecting the application. further offence in terms of section 418 ipc is clearly not made out. therefore, the learned magistrate was not justified in directing issuance of summons.7. in ..... is neither possible nor desirable to lay down any inflexible rule which would govern the exercise of inherent jurisdiction. no legislative enactment dealing with procedure can provide for all cases that may possibly arise. courts, therefore, have inherent powers apart from express provisions of law which are necessary ..... a title suit no. 178/2002 before the learned sub-judge claiming his transfer order was mala fide. the prayer for interim protection was rejected. case no. 11/99 has been filed before the labour court in which complainant claimed certain payments and compensation. there was no grievance ..... that is the doctrine which finds expression in the section which merely recognizes and preserves inherent powers of the high courts. all courts, whether civil or criminal possess, in the absence of any express provision, as inherent in their constitution, all such powers as are necessary to do the ..... made of any cheating neither in the civil suit nor in the matter pending before the labour court. the complaint was stale, and in any event, beyond the prescribed period of .....

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Sep 30 2010 (HC)

(Ayodhya Dispute) Gopal Singh Visharad (Now Dead) and ors. Vs. Zahoor ...

Court : Allahabad

Decided on : Sep-30-2010

..... to contesting defendants? issue no. 11 :-is the suit bad for non-joinder of necessary defendants? issue no. 12 :-are defendants entitled to special costs u/s 35 cpc? issue no. 13 :-to what relief, if any, is the plaintiff entitled? issue no. 14 :-is the suit not maintainable as framed?issue no. 15 :-is ..... and others the instant suit has been filed for declaration in the year 1961 and thereafter in the year 1995 through amendment relief for possession was added. plaint case in brief is that about 443 years ago babur built a mosque at ayodhya and also granted cash grant from royal treasury for maintenance of babri mosque ..... 5(c). were the proceedings under the said act conclusive? (this issue has already been decided in the negative vide order dated 21.4.1966 by the learned civil judge.) issues no. 5(d) 5(d). are the said provision of act xiii of 1936 ultra-vires as alleged in written statement? (this issue was not ..... and o.o.s.no. 5 of 1989 bhagwan sri ram virajman at ayodhya and others v. rajendra singh and others were filed before the court of civil judge, faizabad. thereafter on the request of state of u.p. the cases were transferred to this court and hon'ble the chief justice constituted special bench ..... of the supreme court in gulam abbas and others vs. state of u.p. and others, air 1981 supreme court 2198 on the finding of the learned civil judge recorded on 21st april, 1966 on issue no. 17?issue no. 19(a) :-whether even after construction of the building in suit deities of bhagwan .....

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Jul 02 2010 (HC)

Narendra Road Lines Pvt. Ltd. Vs. State of Up, and ors.

Court : Allahabad

Decided on : Jul-02-2010

..... matter again and again. the doctrine of res judicata is based on the larger public interest. section 11 of the code of civil procedure, 1908 gives statutory recognition to the principles of res judicata. explanation vi to section 11 of code of civil procedure 1908, provides that where persons litigate bonafide in respect of a public right or of a private right claimed in common ..... important questions with respect to this project, which are in public interest and as such his locus to challenge the same cannot be denied. this petition cannot, thus, be rejected on any such ground."82. in state of karnataka and another vs. all india manufacturers organisation and others (supra) the supreme court, in a similar situation in which a ..... in favour of the private company, were considered and turned down in ashutosh srivastava (supra) and balbir singh's case (supra).79. in ashutosh srivastava (supra) this court, after rejecting the preliminary objection that the petitioner has raised important questions with respect to the project, which are in the public interest and holding that he had locus to challenge, did ..... parties to implement the project. the advertisements were issued in various newspapers including 'economic times' dated 23.5.2001. the bids were received by the authorities, but later on rejected. the matter was again considered by the state and a fresh advertisement was issued inviting offers in november, 2002. the advertisements were carried out in daily newspapers including 'times of .....

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