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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: kerala Year: 2001 Page 1 of about 8 results (0.036 seconds)

Jun 21 2001 (HC)

Narayani Ammal Vs. Sanjeev

Court : Kerala

Decided on : Jun-21-2001

Reported in : AIR2001Ker305

..... 2588/98. the impugned order therein is one rejecting the plaint for non-payment of the court fee that had been ordered earlier. s. 2(2) of the code of civil procedure defines 'decree'. it is made clear therein that it shall be deemed to include the rejection of a plaint and the determination of any question within s. 144 ..... . the order impugned in c.r.p. 2588/98 is therefore a decree in the eye of law and as such appealable in nature. for that reason s. 225 of the code of civil procedure relating to revisional jurisdiction ..... cannot be applied to that case. the c.r.p. no. 2588/98 is hence not maintainable and dismissed.12. the learned counsel for the petitioner submitted that even if the rejection is upheld, it may still be open to ..... a later day and no stay order, in fact, reached the trial court. in the circumstances, the trial court passed an order on 2.11.1998 rejecting the plaintiff. it is this order that is the subject matter of c.r.p. no. 2588/98.4. during hearing today, the learned counsel ..... suit that the document executed by one achuthan (3rd party) was not genuine and void. the court found that if the averments contained in the plaint that the purported execution of the documents was false; that the documents are not true and genuine and that achuthan the purported executant was never a .....

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Aug 08 2001 (HC)

Gourikutty Vs. Raghavan

Court : Kerala

Decided on : Aug-08-2001

Reported in : 2002ACJ1356

..... the question of vicarious liability of the state on account of medical negligence of a doctor in a government hospital. the theory of sovereign immunity was rejected'. further we are of the view that a patient is admitted to a hospital for the purpose of treatment. the patient is not particular about the ..... in all its aspects and have come to the following conclusions. i. smt. rohini has had cardiac arrest following a p.p.s. operation (family planning procedure). this was an unforeseen accident which unfortunately happened on the table following which she sustained some irreparable brain damage as a result of brain anoxia. at present ..... a grievance about proceeding ex parte be made again in this appeal is the first point. now order rejecting an application under o.9r. 13 is appealable under s. 104 read with o.43, r. 1(d), cpc. undoubtedly in appeal under s. 96 against the decree this grievance can be made. s. 105 ..... to know it only when the publication come in the newspaper. the additional documents produced will show that her name has not been correctly described in the plaint. further, it also show that she was not employed in the s.a.t. hospital. she filed a petition to set aside the ex parte decree ..... m.k. gourikutty. there was another doctor by name a.k. gourikutty. document no. 1 is with regard to the correction in the final seniority list of civil surgeon gr. ii and document no. 2 is with regard to the service details of the sixth defendant. document no. 2 will show that she was in .....

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Aug 08 2001 (HC)

Dr. M.K. Gourikutty and Etc. Vs. M.K. Raghavan and ors.

Court : Kerala

Decided on : Aug-08-2001

Reported in : AIR2001Ker398

..... the question of vicarious liability of the state on account of medical negligence of a doctor in a government hospital. the theory of sovereign immunity was rejected'. further we are of the view that a patient is admitted to a hospital for the purpose of treatment. the patient is not particular about ..... all its aspects and have come to the following conclusions.i. smt. rohini has had cardiac arrest following a p.p.s. operation (family planning procedure). this was an unforeseen accident which unfortunately happened on the table following which she sustained some irreparable brain damage as a result of brain anoxia. at ..... a grievance about proceeding ex parte be made again in this appeal is the first point. now order rejecting an application under order 9, rule 13 is appealable under section 104 read with order 43, rule 1 (d), cpc undoubtedly in appeal under section 96 against the decree this grievance can be made. section 105 ..... know it only when the publication came in the newspaper. the additional documents produced will show that her name has not been correctly described in the plaint. further, it also show that she was not employed in the s.a.t. hospital. she filed a petition to set aside the ex parte ..... k. gourikutty. there was another doctor by name a. k. gourikutty. document no. 1 is with regard to the correction in the final seniority list of civil surgeon gr. ii and document no. 2 is with regard to the service details of the sixth defendant. document no. 2 will show that she was in .....

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Sep 06 2001 (HC)

Apollo Tyres Ltd. Vs. Sebastian

Court : Kerala

Decided on : Sep-06-2001

Reported in : (2003)ILLJ608Ker

..... , the case of the respondent is that the civil court has got jurisdiction to entertain the suit.9. section 9 of the code of civil procedure envisages jurisdiction of the civil court. as per section 9 of the cpc, all cases of civil nature, are entertainable in the civil court except those which are expressly or impliedly barred ..... the respondent by any mode to accept any promoted post which he is not willing to hold and also for other reliefs.5. to the plaint, a written statement was filed by the appellant-defendant. in the written statement, the appellant raised the contention that the suit is not maintainable ..... violation of these standing orders entitles an employee to appropriate relief either before the forums created by the i.d. act or the civil court where recourse to civil court is open. principle no. 7 says that the policy of law emerging from i.d. act is to provide an alternative ..... judgment in that case. there, the question involved was regarding the transfer and the question is whether challenge of transfer can be entertained in a civil court. the learned judge observed as follows:'as the definition of the expression 'industrial dispute' in section 2(k) includes within its ambit disputes ..... to the propriety or legality of an order passed by an employer under the standing orders.11. the main question to be considered is whether the civil court will have jurisdiction. similar matter came before this court in the decision reported in kerala rubber & reclaims ltd. v. sunny, 1988 (2 .....

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Jul 31 2001 (HC)

T.i. George Vs. New Bank of India (Now Punjab National Bank)

Court : Kerala

Decided on : Jul-31-2001

Reported in : [2002]108CompCas277(Ker)

..... of the sub-court, kottayam, is aggrieved that the contentions raised by him during enquiry pursuant to the notice under order 21, rule 37 of the code of civil procedure, 1908, regarding unenforce-ability of the decree were found against and warrant ordered. 2. the petitioner contended before the execution court that the decree holder-bank ..... suit the claim for interest was at 17.25 per cent. compounded quarterly. the defendant remained ex parte and a decree was passed in terms of the plaint. the court found that merely because the defendants have not contested the suit, the court cannot award more interest than the contract rate of interest. even so ..... is a nullity cannot be enforced. but in support of the contention regarding fraud all that is pointed out by the petitioner is that in the plaint there was no specific mention of the fact that what was allowed was an agricultural loan. it is true that there is an intimation sent by ..... other hand permission was granted to get the clerical error or accidental omission corrected through appropriate petition filed under section 152 of the civil procedure code. in other words, the direction was only that the decree itself might be corrected by invoking power under section 152 of the ..... proceeding and that makes all the difference. 19. in these circumstances, i am of the view that the court below was right in rejecting the contention of the revision petitioner with regard to the excessive interest and in proceeding with the execution. 20. this .....

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May 30 2001 (HC)

Ponthinoda Sainabi and ors. Etc. Vs. Vatakkiloda Aboobackerkoya and or ...

Court : Kerala

Decided on : May-30-2001

Reported in : AIR2001Ker331

..... held that so far as aliyankunhimada tarwad is concerned, the fifth defendant is the karanavan and he is the only person competent to represent the tarwad and hence, the court rejected the contention regarding the absence of the other members of the tarwad. so far as the other contention regarding the children of mohammed koya is concerned, it was held ..... and aliyankunhimada and as such the properties are not aliyankunhimada properties which have come into the hands of vadakilapura and therefore the aliyankunhimada peoples have no reversionary right over the plaint schedule properties on the extinction of vadakilapura tarwad. the trial court found that the properties were not the thinkalazhcha properties of hassankutty haji, but they are velliyazhcha properties of ..... under the oral gift of his father. 4. defendants 4, 5 and 7 also resisted the suit. they contended that vadakilapura is a thavazhi of aliyankunhimada and that the plaint schedule properties are the tarwad properties in the possession of thavazhi andtherefore, hassankutty haji has no alienable right in the properties and the properties after the death of hasankutty haji ..... the said island. the suit properties consist of six items of immovable properties including a mosque and a residential building in item no. 1. according to the averments in the plaint, these properties belonged in jenmam to one ahammed koya (hereinafter referred to as ahammed koya no. i) of vadakilapura. the said ahammed koya no. 1 married ayshabee, who .....

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Feb 14 2001 (HC)

S.R. Balakrishnan and anr. Vs. Yakoob and ors.

Court : Kerala

Decided on : Feb-14-2001

Reported in : AIR2001Ker215

..... always ready and willing to perform his part of the contract. the first defendant however entered into an agreement with second defendant for sale of the plaint schedule property for a total consideration of rs. 75,000/-. realising that the plaintiff filed o.s. no. 235 of 1984 before the munsiff ..... interest by standing as surety for the plaintiff. he figured as a counter-petitioner along with the plaintiff in a rent control proceeding concerning the plaint schedule property. he was a frequently visitor to the shop of the plaintiff. defendant balakrishnan was examined as dw-1. it is true that ..... of the lease of the shop room in the year 1968. he stood surety for the plaintiff in connection with the lease of the plaint schedule property. lawyer notices were issued to the plaintiff and to advocate gopalakrishnan when rent was in arrears. in the rent control petition filed ..... issued notices againstthe plaintiff and gopalakrishnan who stood as surety for prompt payment of the rent. first defendant stated one of the rooms in the plaint schedule building was leased out to the plaintiff on 13-3-1968 on a monthly rent of rs. 30/-. advoeate k. p. gopalakrishnan ..... has to evaluate the evidence of an interested witness with extreme care and caution. in all civil proceedings there shall be competent witnesses. even though preponderance of probability constitutes sufficient ground for decision in civil proceedings there must be cogent and reliable evidence to base a suit for specific performance on .....

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Dec 04 2001 (HC)

Tata Tea Ltd. Vs. Director General of Foreign Trade

Court : Kerala

Decided on : Dec-04-2001

Reported in : 2002(81)ECC689

..... the deputy director.the stand taken is that the application originally filed had been considered and rejectedby the committee in 1991 and as there was no disput/case against the rejection ofthe application pending in any court, the original file relating to this case has also beenweeded out and destroyed in accordance with the government instructions in thisregard, and there is ..... you are herebyinformed that your application was considered by export promotion capital goods committeecarefully but the same could not be approved due to indigenous angle. as such your applicationis hereby rejected and you may approach indigenous suppliers for meeting your requirements....'.the names of suppliers were also given. petitioner has also included a prayer forkeeping ext. p11, an appeal filed by ..... lakhs became the expenditure. the delay in disposing of the applicationfor import, and the error in rejecting the request, according to them, justified in such acompensatory measure. the application was rejected and the petitioner filed an appealbefore the collector of customs (appeals). bombay. this also was rejected and itwas in the above context that an appeal to the tribunal had been filed as .....

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