Court : Allahabad
Decided on : Dec-04-2012
..... for seeking amendment of the plaint under order 6, rule 17 cpc. by an order dated 5.4.2012. the application under order 7 rule 11 cpc filed by the defendant was rejected and the plaintiff's application under order 6 rule 17 cpc for amending the plaint was allowed. a civil revision no. 188 of ..... " or supreme classic" or "reliance". a written statement and an additional written statement was filed by the defendants, denying the plaint allegations. the defendant also prayed for rejecting the plaint as barred under section 27 of the act. paras 21 to 31 of the written statement of defendants-appellants is quoted hereunder ..... where the trade mark was not registered, the prayer could not be granted, however, that itself would not mean that the suit itself be rejected, if other relief is still available to the plaintiff. so far as amendment is concerned, the revisional court observed that the plaintiff could have ..... the defendant-appellant on being served with the notices, filed objections on 18.07.2011 along with an application under order 7, rule 11 cpc alleging that the plaintiff admittedly do not have their trade mark registered with registrar of the trade mark under section 23 of the trade marks ..... 43 rule 1 (r) read with section 151 of code of civil procedure arising from an order dated 22.08.2012 passed by the additional district judge, court no. 14, district varanasi, allowing the application under order 39 rules 1 and 2 cpc of the plaintiff, for injunction restraining the defendants from .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-17-2012
..... satisfied that a case falls under rule 11, the plaint has to be rejected as a whole. divergent views on this point have been ..... mortgages. the other aspect of the case is that partial rejection of the plaint under order 7 rule 11 c.p.c is not possible. justice c.k. thakkar in his commentary on code of civil procedure on page 584 volume iii has written that a plaint cannot be rejected in part and retained in part. if the court is ..... the pleading into several parts and consider whether each one of them discloses a cause of action. under the rule, there can not be a partial rejection of the plaint or petition. see roop lal sathi v. nachhattar singh gill  3 s.c.c. coming to the facts of the present case, it ..... janakiraman, air 1999 sc 1128, the relevant para 10 is quoted below:- 10. on the other hand, rule 11 of order 7 enjoins the court to reject the plaint where it does not disclose a cause of action. there is no question of striking out any portion of the pleading under this rule. the application filed ..... the amount and the suit before civil court is not barred for recovery of the amount by any law. the claim being less than rs.10 lakhs cannot be laid before debts recovery tribunal. ] in view of the above, the plaint is not liable to be rejected under order 7 rule 11 cpc. there is no merit in .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-24-2012
..... not travel outside the record of the lower court and cannot take any evidence in appeal. however, as an exception, order xli rule 27 code of civil procedure enables the appellate court to take additional evidence in exceptional circumstances. the appellate court may permit additional evidence only and only if the conditions laid ..... wd. s.k. mohammed and ors. v. mohamed iqbal and mohamed ali and company : air 1978 sc 798). 27. under order xli, rule 27 code of civil procedure, the appellate court has the power to allow a document to be produced and a witness to be examined. but the requirement of the said court must ..... 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 ..... the trial court/tribunal. disclosure of pleading and material before the tribunal is necessary, to exercise power under order xli rule 11 and 11a of cpc, for disposal of appeal at admission stage and check the filing of appeal lacking merit. registrar general may apprise hon'ble chief justice, so that ..... let in evidence thereon. when the facts necessary to make out a particular claim, or to seek a particular relief, are not found in the plaint, the court cannot focus the attention of the parties, or its own attention on that claim or relief, by framing an appropriate issue.... thus it .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-06-2012
..... gulab chand chhota lal vs. state of gujrat, air 1965 sc 1153 wherein it has been observed that the provisions of section 11 of code of civil procedure are not exhaustive with respect to an earlier decision operating as res judicata between the same parties on the matter in controversy in a subsequent ..... means of an appeal before the appellate authority. the appeal was dismissed on the ground of delay and the revision against the said order was also rejected. the writ petition filed against the revisional order was also dismissed. once the writ petition was dismissed and the said judgment was not challenged before ..... evidence to show that the said partnership was a registered partnership as required under section 69 of the partnership act. in para 2 of the plaint it has been set out that the plaintiff along with three other persons namely sunder lal yadav, bhagwati prasad mishra and ratan lal talwar was ..... the breach of the contract and will be governed by the contract act. it is difficult to agree with the finding of trial court. the plaint allegations have been noticed in brief. the plaintiff was granted licence under the provisions of excise act. the contract was subject to the provisions of the ..... the plaintiff has suffered loss and is entitled for refund of proportionate auction money which according to the calculation as given in para 18 of the plaint comes to rs.16,70,271.88. the further case of the plaintiff is that the plaintiff is entitled to get the remission. the shops .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-01-2012
..... the embargo of 6 months imposed by section 13 b (2) of the hindu marriage act will not be enforceable. the said submission has to be rejected at the very outset out rightly as both the act operate in different fields. the family court act has been framed with the object to provide ..... proceedings before the court should be heard and disposed of, as expeditiously as possible, preferably within three months, and in achieving this objective the rules or procedure may not rigidly be adhered to and, therefore, the mandatory period of 6 months as provided under section 13 b(2) of the hindu marriage act ..... as prescribed under section 13- b(2) would run from the date of presentation of that application, i.e., 17.4.2010. presentation of a plaint/petition discloses the reason and intention of the parties for approaching a court of law. initially, petitioner no.2, i.e., the wife had filed suit ..... each other. both the parties agreed that they will not harass each other either mentally, physically or socially and both the parties agreed that all civil and criminal cases filed against each other will be treated to be withdrawn. the said compromise as endorsed by the mediation centre by settlement order dated ..... of cruelty by the husband and constant demand of dowry. simultaneously, other cases were also filed under section 498-a, 323, 504, 506 and 509 ipc and also under section 3/ 4 of dowry prohibition act, 1961. the allegations and the counter allegations ensued and an fir was also lodged against the .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-23-2012
..... contested the suit and filed written statement and also filed objection against the temporary injunction application. the learned additional civil judge (junior division) vide his order dated 18.07.2009 has rejected plaintiff petitioners application 6c for temporary injunction observing that the plaintiff has not filed khasara to prove his possession over ..... legal position, i am of the view that the impugned orders passed by the trial court whereby the temporary injunction application of the petitioner was rejected and also the appellate order by which the misc. appeal was preferred against the order of the trial court was dismissed have been passed in ..... convenience is also in his favour and he will suffer irreparable injury but the trial court as well as the appellate court illegally and arbitrarily rejected the temporary injunction application and the appeal which was preferred by the petitioner. reliance has been placed on a judgment rendered by hon'ble supreme ..... his sons from second wife. 2. the defendant no. 1 is the owner of the agricultural land detailed in paragraph no. 3 of the plaint situated in various revenue villages and is the owner of 1/12 share out of the said lands while the plaintiff is in possession over half share ..... to be a device to somehow in keeping o.p.s engaged in litigation. from the perusal of the copy of the plaint and the temporary injunction application and memo of appeal. it is evident that the grounds that the agricultural land belongs to huf and .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-19-2012
..... judgment allowing the revision and rejecting the amendment application filed to amend the relief clause of the plaint. it may be noted that both the writ petitions were admitted and interim orders dated 27.3.2001 was ..... consideration. the order passed by the trial court allowing the amendment was legal, just and proper .the revisional court had wrongly exercised its jurisdiction in rejecting the amendment application. learned counsel for the petitioners placed reliance on judgment of apex court and this court reported in 2006 (6) scc 498 baldev ..... e. respondent no.1. the revision was allowed by the judgment and order dated 15.2.2001. the pleading, grounds of challenge for the rejection of the amendment application by the plaintiffs/petitioners in both the petitions are one and the same. both the writ petitions are filed against the ..... litigation, and, therefore, the same should be allowed. in view of the foregoing discussion, the judgments and orders dated 15.9.1999 passed by additional civil judge, (j.d.) hawali, varanasi in both suits allowing the amendment sought by the plaintiffs are hereby affirmed. the judgments and orders dated 15. ..... dated 15.2.2001 passed by special judge (a.c.)/additional district and sessions judge varanasi in civil revision no. 284 of 1999 arose out of original suit no 1189 of 1995 (gama vs rama ) and civil revision no. 285 of 1999 arose out of original suit no. 1190 of 1995 ( shyam .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-23-2012
..... , the advocate commissioner visited premises and submitted report dated 09.01.2002, whereagainst an objection was filed by petitioner-tenant herself, requesting trial court to reject advocate commissioner's report. 8. the trial court ultimately decreed suit vide judgment dated 07.05.2002. it directed petitioner-tenant to vacate accommodation in ..... and applied in such manner that it becomes master instead of servant. the supreme court in sushil kumar sen v. state of bihar has held that procedure should be handmaid not the mistress. the supreme court in kailash v. nankoo 2005 (1) a.r.c. 861 (also and after discussing ..... urban buildings (regulation of letting, rent and eviction) act, 1972 (hereinafter referred to as the "act, 1972"), was filed in the year 2000 vide plaint dated 24.08.2000 registered as suit no. 302 of 2000 in the court of judge small causes, kanpur nagar. there were three grounds for ejectment, ..... and others, 2009(75) alr 540; waqf allal aulad and another vs. ist additional district judge, bijnor and another, writ petition no. 44115 of 1998 (civil misc. review application no. 240093 of 2008), decided on 24.02.2011; and, vivek gupta (supra). 42. hon'ble dilip gupta, j. also has ..... practice to direct parties to bear their own costs. in large number of cases, such an order is passed despite section 35(2) of the code. such a practice also encourages filing of frivolous suits. it also leads to taking up of frivolous defences. further wherever costs are awarded, ordinarily the .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-07-2012
..... contract contains proforma with regard to daily contract quantity. exhibit 2 relates to sales price and exhibit 3 provides different conditions regulating gas quality specifications. nomination, scheduling and allocation procedures have been provided under ext. 4 of the agreement. measurement is to be done in terms of provisions contained in exhibit 5. clause 1 of the exhibit 5 provides ..... the preliminary objection raised with regard to maintainability of writ petition and the objection raised by the respondents in that regard on account of availability of alternative remedy was rejected while admitting the writ petition and the interim order dated 26.7.2010 was passed. special leave petition was preferred by the state of u.p. which was disposed ..... the definition of fungible goods, which is as under:. "fungible goods:-the expression "fungible goods" is not used in the act; but it is common in countries of civil law jurisdiction and in the united states. it is used to define goods of which every particle or unit is indistinguishable from, or at least commercially equivalent to, every ..... by shipper for transportation services in respect of authorised overrun quantities. transporter may at any time restrict, limit, or cancel any authorised overrun quantity under the provisions of operating code. transporter shall incur no liability to shipper for failure to schedule or accept any authorised overrun quantity. (c) in providing transportation services, transporter shall have the right to .....Tag this Judgment!