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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: supreme court of india Year: 1963 Page 1 of about 20 results (0.156 seconds)

Mar 27 1963 (SC)

Laxmidas Dahyabhai Kabarwala Vs. Nanabhai Chunilal Kabarwala and ors.

Court : Supreme Court of India

Decided on : Mar-27-1963

Reported in : AIR1964SC11; [1964]2SCR567

..... thebasis that the counter-claim was as such inadmissible under the civil procedurecode prayed to the trial court for an order for treating that counter-claim asa plaint in a cross-suit. that had been opposed by the plaintiff and the prayerhad been rejected on grounds which, as we have pointed out elsewhere, werewholly insufficient ..... admissible in law and after an examination of the decisions on the pointreached the conclusion that in the absence of any specific provision thereforin the civil procedure code and in the light of certain decisions of the privycouncil and of the high courts a counter-claim was not admissible in themuffasil. a prayer ..... in cases of thiskind. it is, no doubt, true that, save in exceptional cases, leave to amendunder o. 6, r. 17 of the code will ordinarily be refused when the effect of theamendment would be to take away from a party a legal right which had accrued tohim by lapse of ..... judge and the district judge on appeal had adiscretion to convert or not to convert the counter-claim into a plaint in across-suit, the learned single judge had no jurisdiction under the civilprocedure code to interfere with that discretion and, in any event, there wereno sufficient reasons set out to justify such interference ..... demands. weneed only add that it was not suggested that there was anything in o. viii. r.6 or in any other provision of the code which laid an embargo on a courtadopting such a course. 14. mr. desai's next contention was that even if it was open to the .....

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Oct 31 1963 (SC)

Bhogaraju Venkata Janakirama Rao Vs. the Board of Commissioners for Hi ...

Court : Supreme Court of India

Decided on : Oct-31-1963

Reported in : AIR1965SC231; [1964]5SCR270

..... 75 of the act ran : '75. where the administration of a religious endowment is governed by any scheme settled under section 92 of the code of civil procedure, 1908, such scheme shall, notwithstanding any provisions of this act which may be inconsistent with the provisions of such scheme, be deemed to be ..... 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 47 or section 144, but shall not include...............' 14. the order passed on o.p. ..... a share of the bhogams so that except with the leave of court they were not in a position to canvass the propriety of the rejection of the relief they sought. the board, however, questioned the right of the archakas to a share of the dibbi collections which, having ..... not by a suit. the resultant decision of the district judge was, therefore, not 'a decree' as defined by s. 2(2) of the civil procedure code which runs, to quote the material words : 'the formal expression of an adjudication which so far as regards the court expressing it, conclusively determines the ..... 76 of 1947 was therefore not a decree so as to attract the provision in s. 96 of the civil procedure code but merely an order and as from such an order no appeal lay under the civil procedure code .....

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Dec 18 1963 (SC)

Kanakarathanammal Vs. V.S. Loganatha Mudaliar and anr.

Court : Supreme Court of India

Decided on : Dec-18-1963

Reported in : AIR1965SC271; [1964]6SCR1

..... it is interesting to mention that on february 9, 1948 the respon- dent's counsel made an application under 0. vi, rr. 5 and 11, code of civil procedure calling upon the appellant to furnish further particulars with regard to her claim to the property in question in view of s. 12 of the mysore hindu ..... that they had never gone into the possession of respondents 1 and 2, and so, the appel- lant's claim in respect of the said jewels was rejected. as to the gold belt mentioned in sch. 4, the decision of the trial court was that the appellant should recover the same from respondent no. ..... 17, 1948: "the property detailed in schedules 1 and 11 was all conveyed to rajambal under one sale deed as stated in paragraph 5 of the plaint. she stood by her husband in his adversity sacrificing her possessions for him which she got as presents from her own parents. he was deeply attached to ..... the high court came to the contrary conclusion ,on the question of title does not matter, because if the appellant wanted to cure the infirmity in her plaint, she should have presented an application in that behalf at the hearing of the appeal itself. in fact, no such application was made even to this ..... judge, bangalore (o.s. no. 39 of 1947- 48) in which she claimed to recover possession of the properties described in the schedules attached to the plaint. schedules 1 and 2 consist of movable and immovable properties, while schedule 3 refers to jewels and silver- ware. the appellant laid a claim to these properties .....

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Oct 03 1963 (SC)

H.H. the Maharana Sahib Shri Bhagwat Singh Bahadur of Udaipur Vs. the ...

Court : Supreme Court of India

Decided on : Oct-03-1963

Reported in : AIR1964SC444; (1964)ILLJ33SC; [1964]5SCR1

..... the nature of a suit. a proceeding which does not commence with a plaint or petition in the nature of a plaint or where the claim is not in respect of a dispute ordinarily triable in a civil court, would prima facie not be regarded as falling within s. 86 code of civil procedure. the proceeding for adjudicated under the industrial disputes act is founded in ..... certificate granted by the high court of rajasthan. 5. the appellant contends in the first instance that without the sanction of the union government under s. 87b of the code of civil procedure, the reference to the industrial tribunal was incompetent. but the dispute between the parties relates to the claim made by the employees for retrenchment and other compensation and leave facilities ..... a reference made by the local government under s. 10 and the allied sections under the industrial disputes act and is not commenced by a plaint or petition. an industrial tribunal is again not a court within ..... constituted under s. 7a of the industrial disputes act, 1947, as amended by act 36 of 1956, and on reconstitution of the tribunal, the reference became incompetent. 4. the tribunal rejected both the objections and a writ petition filed by the appellant challenging the validity of the order of the tribunal was dismissed by the high court of rajasthan. the appellant .....

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Mar 25 1963 (SC)

Varada Bhavanarayana Rao Vs. State of Andhra Pradesh and ors.

Court : Supreme Court of India

Decided on : Mar-25-1963

Reported in : AIR1963SC1715; [1964]2SCR501

..... the government that it would waive its right to the notice under s. 80 of the code of civil procedure. it was after this that the appellant filed in the court of the subordinate judge, srikakulam, the suit out of which this appeal has arisen. 3. in his plaint the appellant averred that for the lands comprised under title deed no. 1082, there was ..... from out of any reserved lands further grants were made subsequently. accordingly, it was urged that the plaintiff's contention that these lands did not form an estate should be rejected. similar pleas were raised also by defendants 2 to 31 who were impleaded as the tenants cultivating some of the lands covered by the title deed 1082. 4. the trial .....

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May 07 1963 (SC)

Union of India (Uoi) and anr. Vs. Ladu Lal Jain

Court : Supreme Court of India

Decided on : May-07-1963

Reported in : AIR1963SC1681; [1964]3SCR624

raghubar dayal, j. 1. this appeal, by special leave, is directed against the order of the high court of assam rejecting the revision application, under s. 115 of the code of civil procedure, hereinafter called the code, of the appellants against the order of the additional subordinate judge, gauhati, in a money suit to the effect that he had ..... a notice under s. 77 of the indian railways act on the defendant railway and also serving a notice under s. 80 of the code. it was alleged in the plaint that the cause of action arose at pandu within the jurisdiction of the court at gauhati, the place where notice under s. 80 of ..... the code was duly served upon the defendant railway and that the suit was filed in the court within the jurisdiction of which the ..... railway administration in a particular area is carried on is the principal place of business for the purpose of s. 20 of the code. the single judge of the high court rejected the revision also on the basis of the same decision of his court. 6. the territorial jurisdiction of a court is in ..... the northern frontier railway administration is at pandu within the jurisdiction of the court at gauhati does not give the court jurisdiction under s. 20 of the code. 10. the contention is based on the reasoning that any undertaking run by the government, even if it amounts to the carrying on of a .....

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Mar 29 1963 (SC)

Ahmed Adam Sait and ors. Vs. Inayathullah Mekhri and ors.

Court : Supreme Court of India

Decided on : Mar-29-1963

Reported in : [1964]2SCR647

..... of the district judge, bangalore under section 92 of the code of civil procedure (o.s. no. 2. of 1947). the respondents claimed to represent the sunni muslim population of the civil and military station at bangalore, and as such they prayed in their plaint that a scheme should be settled for the proper administration ..... either clarifying the scheme or radically changing it so as to make the other worshippers eligible for appointment as trustees. 31. in the result, we reject all the contentions raised by the appellants and confirm the findings recorded by the high court in favour of the respondents. we are, however, not ..... agreed with the trial court in rejecting the respondent's case that the decree in the earlier suit had been obtained by collusion and that the trustees appointed under the said scheme had ..... scheme. since no satisfactory reason had been shown by the respondents in support of their case that the scheme should be changed, the trial judge rejected their claim and dismissed the suit. 8. the respondents challenged this decree by preferring an appeal in the high court of mysore. the high court ..... applied to be joined as defendants to the suit. their case appears to have been that no scheme need to be framed. their application was rejected by the district judge, but on revision before the court of resident in mysore, the district judge's order was set aside and they were .....

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Aug 14 1963 (SC)

Major S.S. Khanna Vs. Brig. F.J. Dillon

Court : Supreme Court of India

Decided on : Aug-14-1963

Reported in : AIR1964SC497; (1964)66PLR115; [1964]4SCR409

..... the high court right, the only question is whether the high court properly exercised its jurisdiction under s. 115 of the code of civil procedure to correct the error. 31. section 115 of the code of civil procedure reads as follows : 'the high court may call for the record of any case which has been decided by any ..... court. 29. the short question that arises in this case is whether the high court was right in exercising its jurisdiction under s. 115 of the code of civil procedure. strong reliance was placed before us upon two decisions of the rajasthan high court reported in purohit swarupnarain v. gopinath and another i.l.r. [ ..... of the court to entertain the suit filed by dillon. in any event the decision of the court clearly attracted clause (c) of s. 115 code of civil procedure, for the court in deciding that 'the suit was not maintainable as alleged in paragraphs 15, 16, 17 and 18 of the written statement' purported ..... to decide what in substance was an issue of fact without a trial of the suit on evidence. dillon alleged in his plaint that at the request of ..... and therefore he was not entitled to file a suit for recovery of the amounts. by paragraph 16 he pleaded that dillon having admitted in the plaint that the amounts in suit were to be paid back to the joint account he was not entitled to file the suit. by paragraph 17 it .....

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Sep 12 1963 (SC)

State of Andhra Pradesh Vs. Gundugola Venkata Suryanarayana Garu

Court : Supreme Court of India

Decided on : Sep-12-1963

Reported in : AIR1965SC11; [1964]4SCR945

..... are permitted to be impleaded.16. in the present case g. v. suryanarayana garu has served the notice under s. 80 code of civil procedure and he has also instituted the suit : the plaint complies with the requirements of s. 80, and the facts that yegneswara sastri had joined in serving the notice, but not ..... behalf of all the inamdars, with the permission of the court under o. 1 r. 8 of code of civil procedure was not defective. the high court accordingly granted to the plaintiff the relief claimed in the plaint.7. the dispute in this appeal relates to an area of land covered by t.d. no. ..... by counsel for the state of andhra pradesh that in a suit which is to be instituted against the state after notice under s. 80 code of civil procedure, the plaintiff must first obtain the permission of court before serving a notice, is in our judgment futile. the permission of the court has to ..... and prabha yegneswara sastri who collectively hold 2-3/4 out of the 8 vrittis constituting the inam thereupon served a notice under s. 80 code of civil procedure upon the government of the state of madras. the notice recited that the cause of action for the proposed suit arose on the issue of the ..... garu against the state of madras was liable to be dismissed because of the absence of identity between the persons who served the notice under s. 80 code of civil procedure, 1908 and the person who sued; and (2) whether the lands in dispute covered by title deed no. 279 mallinadhapuram constitute an 'estate' within .....

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Jan 21 1963 (SC)

Tilkayat Shri Govindlalji Maharaj Vs. the State of Rajasthan and ors.

Court : Supreme Court of India

Decided on : Jan-21-1963

Reported in : AIR1963SC1638; [1964]1SCR561

..... the approval of the tilkayat. in order togive effect to this proposal it was agreed between the parties that a suitunder, s. 92, code of civil procedure should be filed in the court of thedistrict judge at udaipur. the parte then thought that the suit would benon-contentious and would speedily end ..... reliefs correspond to the relief which may be obtained in asuit under s. 92 code of civil procedure. in consequence, s. 31(2) providesthat sections 92 and 93 and o. i, r. 8, of the first schedule to the code of civilprocedure shall have no application to any suit claiming any relief in respectof ..... matter is claimed to be matter of religion, or if anobviously secular practice is alleged to be a religious practice, the courtwould be justified in rejecting the claim because the protection guaranteed byart. 25(1) and art. 26(b) cannot be extended to secular practices and affairsin regard to denominational ..... under art. 25(1) andconstitutes the denomination's right to manage the affairs of its religionunder art. 26(b). we have no hestitation in rejecting this argument. the rightto manage the properties of the temple is a purely secular matter and itcannot, in our opinion, be regarded as a ..... representingthe denomination. in this suit, he claimed a declaration that he was entitledto and had become the owner of all the properties mentioned in the plaint andthat he was the owner of all the rights, presents, offerings, and emolumentsarising in and accruing from the ownership of the idols, shrinathji .....

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