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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: supreme court of india Year: 1970 Page 1 of about 10 results (0.181 seconds)

May 08 1970 (SC)

Tej Kiran JaIn and ors. Vs. N. Sanjiva Reddy and ors.

Court : Supreme Court of India

Decided on : May-08-1970

Reported in : AIR1970SC1573; (1970)2SCC272; [1971]1SCR612

..... the suit, an application under order 7 rule 11 and order 27-a of the code of civil procedure read with article 105 of the constitution was filed on behalf of the union of india praying that the plaint might be rejected under order 7 rule 11 of the code of civil procedure as the present suit was nto maintainable in view of the provisions of article 105 ..... behalf of the plaintiffs and are of the view that the plaint is liable to be rejected under order 7 rule 11 clause (d) of the code of civil procedure according to which the plaint shall be rejected where the suit appears from the statement in the plaint to be barred by any law. perusal of the plaint goes to show that the defendants are being proceeded against by ..... given the matter our consideration and are of the view that the present suit is barred by the provisions of clause (2) of article 105 of the constitution. we, therefore, reject the plaint.s.k. kapur, j.7. i agree--- *** ---hardayal hardy, j.8. i agrees.n. andley, j.9. i agreeprakash narain, j.10. i agree

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Oct 23 1970 (SC)

Gangappa Gurupadappa Gugwad Gulbarga Vs. Rachawwa, Widow of Lochanappa ...

Court : Supreme Court of India

Decided on : Oct-23-1970

Reported in : AIR1971SC442; (1970)3SCC716; [1971]2SCR691

..... the plaintiff's cause of action is against a government and the plaint does not show that notice under section 80 of the cpc claiming relief was served in terms of the said section, it would be the duty of the court to reject the plaint recording an order to that effect with reason for the order. in ..... been validly surrendered in 1933. the subordinate judge held that the suit did not lie inasmuch as notice had not been served on mangtulal under section 80 civil procedure code, he however supported to decide other issues in the suit including one as to the sufficiency of the surrender. an appeal from the degree of the ..... it is difficult to see why the adjudication of the rights of the parties, apart from the question as to the applicability of section 80 of the code and absence of notice thereunder should not operate as res judicata in a subsequent suit where the identical questions arise for determination between same parties.11. in ..... trial of all the issues involved and such rejection would not preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action. but, where the plaint on the face of it does not show that any relief envisaged by section 80 of the code is being claimed, it would be the duty ..... had held that the suit did not lie by reason of the failure to comply with section 30, civil p.c., he was bound to dismiss the suit under order 7 rule 11 of the code and the findings of the court on the merits were obiter and could not support a plea of res .....

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Apr 10 1970 (SC)

Mannan Lal Vs. Chhotaka Bibi, (Dead) by Lrs. B. Sharda Shankar and ors ...

Court : Supreme Court of India

Decided on : Apr-10-1970

Reported in : AIR1971SC1374; (1970)1SCC769; [1971]1SCR253

..... the time given by the court under section 54(b) of the cpc, 1882. section 54(b) of the code of 1882 is reproduced in order 7, rule 11 of the code of 1908. under the said provisions a plaint has to be rejected if the relief sought is properly valued but the plant is written upon ..... . with due respect we are not impressed by the above reasoning. as already noted, although there is no definition of the word 'appeal' in the cpc, it can only be instituted by filing a memorandum of appeal. the filing of memorandum of appeal therefore brings an appeal into existence; if the memorandum ..... as regards the validity of an appeal presented in an irregular form the board observed that although there was no definition of 'appeal' in the civil procedure code any application by a party to an appellate court asking it to set aside or revise a decision of a subordinate judge, is an appeal within ..... application shall have the same effect, and be as valid as if it had been properly stamped :provided that such appeal or application shall be rejected unless the appellant or applicant supplies the requisite stamp within a reasonable time after the discovery of the mistake to be fixed by the court.the ..... alternatively, she prayed for a decree for rs. 3,684 in case possession and occupation was not decreed to her. on 2nd november 1951 the additional civil judge of mirzapur dismissed the suit as against the appellant and defendants 3 and 4. the plaintiff, the first respondent herein, filed first appeal no. 309 .....

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Nov 26 1970 (SC)

Ugamsingh and Mishrimal Vs. Kesrimal and ors.

Court : Supreme Court of India

Decided on : Nov-26-1970

Reported in : AIR1971SC2540; (1970)3SCC831; [1971]2SCR836; 1970(3)WLN43

..... at the temple. these findings clearly establish that the appellants interfered with the rights of digamberies to worship with respect to which a civil suit is maintainable under section 9 of the civil procedure code. this position is well established. if authority was needed we may refer only to two cases. the privy council in sir seth ..... judge, which inspection was for the purposes of understanding the evidence in the case and has been so used by the trial judge. we must, therefore, reject the contention of the learned advocate for the appellants that the finding in respect of the idol is vitiated. in this view it is not necessary to deal ..... is established or that the idol belongs to the digamberies no injunction can be given nor the plaintiffs permitted to worship. it is argued that in the plaint the respondents averred that the idol is a digamberi idol and if they have failed to prove it then their right to worship fails. at any rate ..... that the high court was in error in not deciding the ownership of the temple or of the idol. we have earlier indicated the plaint averments in which there is no mention of the ownership of the temple or of the idol but that paragraphs 2 and 3 of the ..... court allowed the appeal holding that in-as-much as the allegations in the plaint relate to an assertion of a right of worship and an interference with that right, a dispute of civil nature arises which is clearly cognizable by a civil court. in this view the case was remanded to the district judge for .....

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Sep 11 1970 (SC)

Bai Chanchal and ors. Vs. Syed JalaluddIn and ors.

Court : Supreme Court of India

Decided on : Sep-11-1970

Reported in : AIR1971SC1081; (1970)3SCC124; [1971]2SCR171

..... on 8th july, 1946 and 28th january, 1949. counsel, in this connection, relied on the provisions of rules 1 and 12 of order xx of the cpc which relate to the pronouncement of judgment and the court passing a decree in a suit. these rules have really no relevance. on the other hand, ..... debtors to continue in possession for five years on payment of mesne profits as a concession for entering into a compromise. the argument advanced must, therefore, be rejected.7. reference was made by learned counsel for the appellants, in support of his argument, to a decision of the bombay high court in gurupadappa, shivlingappa ..... in second appeal before a single judge of the high court of gujarat, and by a letters patent appeal before a division bench. all the courts rejected the objections raised by the appellants and upheld the order of the execution court directing delivery of possession. it is against the judgment of the division ..... out by the lease of 1895. reliance was, however, placed on one of the pleadings in the plaint which had been reproduced in the decree in which the plaintiff-respondents recited one of the terms of the lease in the following words :-on the expiry ..... principally for business or trade. having gone through the documents relied upon by counsel for the appellants, we are unable to accept this submission. in the plaint of the suit, as well as in the decree dated 8th july, 1946, there is no mention of the purpose for which the land was let .....

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Dec 15 1970 (SC)

H.H. Maharajadhiraja Madhav Rao Jivaji Rao ScIndia Bahadur of Gwalior ...

Court : Supreme Court of India

Decided on : Dec-15-1970

Reported in : AIR1971SC530; (1971)1SCC85; [1971]3SCR9

..... has the indirect effect not only of abrogating these articles but also of rendering certain provisions in the income-tax act, wealth tax act, the gift tax act, the codes of civil and criminal procedures etc., completely otiose. executive action can never be allowed to have that effect unless the power is explicitly conferred. the intention of article 366(22) is exactly the ..... that the egyptian organisation to whom the plaintiff company had sold the property was the successor-in-title and as the egyptian organisation was not a british national, the commission rejected the claim of the english company. these decisions deal with the jurisdiction of the appointed tribunal, viz., whether the tribunal has exceeded its jurisdiction or has failed to exercise ..... and 362 of the constitution. the whole object of the order is to override and overrule the constitution on the point of rulers rights, privileges and privy purses after the rejection of the constitution (24th amendment) bill by the rajya sabha.351. secondly, derecognition of all the rulers en masse is itself the clearest possible proof that the whole object ..... from state legislation by the guarantee given under article 363 of the constitution and hence the impugned act was bad as that contravenes the provisions of that article the court rejected that contention with these observations :it is true that by the covenant of merger the properties of the petitioner became his private properties as distinguished from properties of the state .....

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Dec 21 1970 (FN)

Oregon Vs. Mitchell

Court : US Supreme Court

Decided on : Dec-21-1970

..... way as all persons of the age of 21 and over with regard to all provisions of the civil code, probate code, and code of civil procedure, as well as for the purposes of making contracts or entering into any agreement regarding property or his estate. cal.civ.code 25 (supp. 1970). the state labor department treats males of the age of 18 and over ..... by the joint committee, all provided either for reduction of representation or for enfranchisement while none provided for both at the same time; and that the committee consistently rejected provisions to enfranchise the freedmen, with the conceivable exception of a plan which was defeated in the house largely because of the scope of the powers it transferred from ..... handful of northern states prohibited blacks from voting at all, page 400 u. s. 200 and opposition to a change was intense. between 1865 and 1869, referenda on the issue rejected impartial negro suffrage in colorado territory, connecticut, wisconsin, minnesota (twice), the district of columbia, nebraska territory, kansas, ohio, michigan, missouri, and new york. only iowa and minnesota ..... leading figures of congress who were members and participated in the drafting of the amendment. two features emerge from such a review with startling clarity. first, the committee regularly rejected explicitly page 400 u. s. 171 enfranchising proposals in favor of plans which would postpone enfranchisement, leave it to congressional discretion, or abandon it altogether. second, the abandonment .....

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Sep 14 1970 (SC)

Shri Shiv Kirpal Singh Vs. Shri V.V. Giri

Court : Supreme Court of India

Decided on : Sep-14-1970

Reported in : AIR1970SC2097; (1970)2SCC567; [1971]2SCR197

..... to swadeshi cotton mills was issued on behalf of the government of india on 24th july, 1969. according to the procedure prevailing, any parties, who were claimants for licence and whose claims were rejected, had a right to make a representation after the issue of the letter of intent and their representation had to be ..... on the person who sets it up, and the onus is not discharged on proof of mere preponderance of probability, as in the trial of a civil suit; the corrupt practice must be established beyond reasonable doubt by evidence which is clear had unambiguous.322. much to the same effect was the decision ..... savoured of criminality they were not investigated as in a criminal case but the hearing of the election petition was more akin to that in a civil proceeding and the court should come to its conclusion on the issues framed and the evidence adduced not on the balance of probabilities but on the ..... from the corrupt practice of undue influence mentioned in section 123(2) of that act.262. in the case of lalroukung v. haokholal thangjom and anr. civil appeal no. 1315 68 decided on 9.1.69, this court dealt with a case where there had been an assault close to the polling station ..... offence of undue influence. as the malpractice is an offence under the indian penal code and attracts punishment by way of imprisonment, mr. daphtary argued that the standard of proof required is a much higher one than in ordinary civil cases. according to him the charge must be well and truly laid in the .....

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Feb 10 1970 (SC)

Rustom Cavasjee Cooper Vs. Union of India (Uoi)

Court : Supreme Court of India

Decided on : Feb-10-1970

Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530

..... if the acquisition is for a public purpose, substantive reasonableness of the restriction which includes deprivation may, unless otherwise established, be presumed, but enquiry into reasonableness of the procedural provisions will snot be excluded. for instance if a tribunal is authorised by an act to determine compensation for property compulsorily acquired, without hearing the owner of the ..... behalf of the shareholders that in substance the interests of the company and of the shareholders were identical and the shareholders were entitled to maintain the petition. the court rejected that contention, observing that what the company could not achieve directly, it could not relying upon the 'doctrine of lifting the veil' achieve indirectly. the petitioner ..... is secured retains the substratum of personal freedom on which alone the enjoyment of these rights necessarily rests ... article 19 guarantees to the citizens the enjoyment of certain civil liberties while they are free, while articles 20-22 secure to all persons--citizens and non-citizens--certain constitutional guarantees in regard to punishment and prevention of crime ..... rights subject to the permissible restrictions within their allotted fields, fundamental, got blurred and gave impetus to a theory that certain articles of the constitutions enact a code dealing exclusively with matters dealt with therein, and the protection which an aggrieved person may claim is circumscribed by the object of the state action.51. protection .....

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Aug 05 1970 (SC)

Shri Ramtanu Co-operative Housing Society Ltd. and anr. Vs. State of M ...

Court : Supreme Court of India

Decided on : Aug-05-1970

Reported in : AIR1970SC1771; (1970)3SCC323; [1971]1SCR719

..... and organisation of industries in the state of maharashtra. the act has its own procedure and there is no provision in the act for acquisition of land for a company as in the case of land acquisition act. in the present case, acquisition under the ..... the state of maharashtra (hereinafter referred to as the state) is competent to enact the maharashtra industrial development act, 1961 (hereinafter referred to as the act); secondly, whether there is procedural discrimination between the maharashtra industrial development act, 1961 and the land acquisition act, 1894.2. the contentions of the petitioners are that the act is for the incorporation, regulation and ..... was acquiring land for companies without adopting the procedure of the land acquisition act. it is to be remembered that the act in the present case is a special one having the specific and special purpose of growth, development ..... that the corporation is not a trading one.21. counsel on behalf of the petitioners contended that there was procedural discrimination between the land acquisition act and the act in the present case. it was said that there was a special procedure designed by the land acquisition act for acquisition of land for the companies whereas in the present case the state .....

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