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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: supreme court of india Year: 1987 Page 1 of about 23 results (0.355 seconds)

Aug 11 1987 (SC)

General Electric Co. Vs. Renusagar Power Co.

Court : Supreme Court of India

Decided on : Aug-11-1987

Reported in : JT1987(3)SC277; 1987(2)SCALE257; (1987)4SCC137; [1987]3SCR858; 1987(2)UJ410(SC)

..... defendant gec also filed another application (8-c) purporting to be 'under s. 20 and order vii r. 11 read with s. 151 of the code of civil procedure' praying that the court may be pleased to reject the plaint and the suit. in this applica- tion, it was stated that the suit was in abuse of the proc- ess of the court and an ..... . section 3 is as follows: "stay of proceedings in respect of matters to be refer-871red to arbitration:-notwithstanding anything contained in the arbitration act, 1940, or in the code of civil procedure, 1908, if any party to an agreement to which article ii of the convention set forth in the schedule applies, or any person claiming through or under him commences any ..... the first paragraph it was stated:867"the defendant has filed in thishon'ble court an application under s. 20 and order viii rule 9 read with s. 15 1 cpc for rejection of the plaint with special costs to the defendant on january 15, 1983. the defend- ant has also placed on record on january 17, 3983 that a copy of the ..... order vii r. 11 was a decree within the definition of that expression in order ii r. 2 of the civil procedure code. it was argued that the rejection of a plaint for non-disclosure of a cause of action was also an880adjudication of the merits of the controversy in the suit and reliance was placed on decisions under the representa- tion .....

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Jul 28 1987 (SC)

Samar Singh Vs. Kedar Nath Alias K.N. Singh and ors.

Court : Supreme Court of India

Decided on : Jul-28-1987

Reported in : AIR1987SC1926; (1988)1GLR73(SC); JT1987(3)SC165; 1987(3)KarLJ63; 1987(2)SCALE135; 1987Supp(1)SCC663

..... disclose any cause of action. the division bench decision on the assam high court does not rule that a plaint which does not disclose any cause of action cannot be rejected under order 7 rule 11, cpc, after the issues are framed. in kalawati davi v. chandra prakash and ors. (supra), a learned ..... decide the question.7. in devnarayan ramsumar tewari v. state of bombay (now gujarat)(supra), a learned single judge held that an order rejecting the plaint after the issues had been framed was clearly wrong. in coming to that conclusion the learned judge placed reliance on order 5 rule 5 and ..... should be presumed that triable issues had been raised in the election petition and therefore the court could not thereafter summarily reject the petition under order 7 rule 11 of cpc, in substance the argument is that once issues are framed the court must proceed with the trial, record evidence and only ..... as the returned candidate is concerned.4. the question whether the high court while trying an election petition has power to reject an election petition summarily under order 7 rule 11 of cpc is no longer res integra as this controversy has been set at rest by this court in azhar hussain v. rajiv ..... impede their future work, and they are free to undertake and fulfil other commitments. such being the position in regard to matters pertaining to ordinary civil litigation, there is greater reason for taking the same view in regard to matters pertaining to elections.5. the above view was reiterated by this .....

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May 11 1987 (SC)

Dhartipakar Madan Lal Agarwal Vs. Rajiv Gandhi

Court : Supreme Court of India

Decided on : May-11-1987

Reported in : AIR1987SC1577; JT1987(2)SC402; 1987(1)SCALE1086; 1987Supp(1)SCC93; [1987]3SCR369; 1987(2)LC671(SC)

..... for our determination is whether the high court had jurisdiction to strike out pleadings under order vi rule 16 of the cpc and to reject the election petition under order vii rule 11 of the code at the preliminary stage even though no written statement had been filed by the respondent. section 80 provides that no ..... respondent. the sword of damocles need not be kept hanging over his head unnecessarily without point of purpose. even in an ordinary civil litigation the court readily exercises the power to reject a plaint if it does not disclose any cause of action. or the power to direct the concerned party to strike out unnecessary, scandalous, ..... resources will not impede their future work, and they are free to undertake and fulfil other commitments. such being the position in regard to matters pertaining to ordinary civil litigation, there is greater reason for taking the same in regard to matters pertaining the elections.11. in bhagwati prasad dixit 'ghorawala' v. rajiv gandhi, ..... to prejudice, embarrass or delay the fair trial of the petition or suit. it is the duty of the court to examine the plaint and it need not wait till the defendant files written statement and points out the defects. if the court on examination of the ..... plaint or the election petition finds that it does not disclose any cause of action it would be justified in striking out the pleadings. .....

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Jul 15 1987 (SC)

Bal Niketan Nursery School Vs. Kesari Prasad

Court : Supreme Court of India

Decided on : Jul-15-1987

Reported in : AIR1987SC1970; JT1987(3)SC93; 1987(3)KarLJ75; 1987(2)SCALE67; (1987)3SCC587; [1987]3SCR510; 1987(2)LC501(SC)

..... . besides putting forth such contentions, the appellant school, by way of-abundant caution also filed a petition under order 1 rule 10 civil procedure code for amending the plaint by correcting the name of the plaintiff into smt. chandramukhi ram saran shiksha samiti by secretary om prakash in place of the name ..... fresh consideration in the event of the trial court allowing an application by the appellant under order i rule 10 civil procedure code for correcting the name of the plaintiff in the plaint.2. the background of events to this appeal may briefly be stated. the appellant bal niketan nursery school is ..... been issued by an institution having juristic status.4. the small cause court consolidated all the four suits and held a joint trial and rejected both the contentions of the tenants and decreed the suits in favour of the school. the tenants preferred revisions against the judgment to the ..... and the appellate judge and remitted the suits for fresh consideration with directions to consider the merits of the application under order 1 rule 10 cpc but should have itself allowed the petition and added the registered society represented by its secretary dr. om prakash who is already on record ..... low grade servant should not have been made to suffer. an oral request to correct the description of the first respondent would have satisfied the procedural requirement. by raising and accepting such a contention, after a lapse of six years, the law is brought into ridicule. the court could have .....

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Jul 21 1987 (SC)

Everest Industrial Corporation and ors. Vs. Gujarat State Financial Co ...

Court : Supreme Court of India

Decided on : Jul-21-1987

Reported in : AIR1987SC1950; (1987)2GLR1225; JT1987(3)SC113; 1987(2)SCALE75; (1987)3SCC597; [1987]3SCR607; 1987(2)LC348(SC)

..... amount due and payable to the corporation in this case.8. we accordingly affirm the judgment of the high court holding that section 34 of the cpc, 1908 is not applicable to this case but remand the matter to the joint judge to redetermine the actual amount due and payable to the corporation ..... plaint instituted for recovery of mortgage amount. accordingly it held that the demand for payment of ad valorem court fee was unsustainable. in the course of its judgment the court rejected the contention based on sub-section (6) of section 32 of the act which required a district judge to apply the procedure of the code ..... and not by section 34 of the code which may be applicable only to cases of personal decrees passed under order ..... 34 rule 6 of the code. the high court was right in holding that interest ..... code would be applicable only at the stage of the passing of the decree and not to any stage posterior to the decree. it may also be mentioned here that even under the code the question of interest payable in mortgage suits filed in civil courts is governed by order 34 rule 11 of the code .....

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Sep 22 1987 (SC)

M.C. Mehta Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Sep-22-1987

Reported in : AIR1988SC1037; (1987)3CompLJ69(SC); JT1987(3)SC630; 1987(2)SCALE611; (1987)4SCC463; [1988]1SCR279; 1988(1)LC75(SC)

..... northern india.3. when this petition came up for preliminary hearing, the court directed the issue of notice under o.i.r. 8 of the cpc treating this case as a representative action by publishing the gist of the petition in the newspapers in circulation in northern india and calling upon all ..... plains below, where my life and work have been cast.20. the river ganga is the life line of millions of people of india, indian culture and civilization has grown around it. this great river drains of eight states of india, himachal pradesh, punjab, haryana, uttar pradesh, rajasthan, madhya pradesh, bihar and west ..... river ganga has been part of hindu civilization. pt. jawahar lal nehru who did not consider himself a devout hindu gave expression to his feelings for the ganga that is to be found ..... fertile land to the country in uttar pradesh and bihar. ganga has been used as means of water transport for trade and commerce. the indian civilization of the northern india thrived in the plains of ganga and most of the important towns and places of pilgrimage are situated on its banks. the ..... , bihar, west bengal and the union territory of delhi. it is also the most important river of india and has served as the cradle of indian civilization. several major pilgrim centers have existed on its banks for centuries and millions of people come to bathe in the river during religious festivals, especially the; .....

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Dec 08 1987 (SC)

Sushil Kumar and ors. Vs. State of Haryana and ors.

Court : Supreme Court of India

Decided on : Dec-08-1987

Reported in : AIR1988SC419; 1988CriLJ427; JT1987(4)SC586; 1987(2)SCALE1248; 1987Supp(1)SCC654; [1988]2SCR182; 1988(1)LC111(SC)

..... referred to as the code) and a learned single judge reversed the decision ..... magistrate, hissar refusing to frame charges against the appellants under sections 471 and 474 of the indian penal code. the dispute between the parties arose out of a difference between them in connection with a partnership business. the appellant sushil kumar filed a civil suit against smt. shakuntala devi, wife of inder prakash, respondent no. 2. relying upon a copy of ..... and the learned magistrate framed charges against the appellants under sections 465, 468, 120b and 420 ipc, but refrained from framing any charge under sections 471 and 474 ipc holding that he could not take cognizance under these sections in the absence of a complaint from the civil court.2. the state preferred a revision and the additional sessions judge, hissar, who heard ..... the application upheld the order of the magistrate. the respondent no. 2, therefore, moved the high court under section 482 of the crpc, 1973 (hereinafter .....

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Jun 01 1987 (FN)

Turner Vs. Safley

Court : US Supreme Court

Decided on : Jun-01-1987

..... specifically authorize the superintendent of an institution to prohibit inmates from getting married. ibid. the district court certified respondents as a class pursuant to federal rule of civil procedure 23. the class certified by the district court includes "persons who either are or may be confined to the renz correctional center and who desire to ..... id. at 433 u. s. 130 , and that the regulation was "reasonable" under the circumstances. the prisoners' constitutional challenge to the union meeting and solicitation restrictions was also rejected, because "[t]he ban on inmate solicitation and group meetings . . . was rationally related to the reasonable, indeed to the central, objectives of prison administration." id. at ..... 817 (1974), decided the same term as martinez, involved a constitutional challenge to a prison regulation prohibiting face-to-face media interviews with individual inmates. the court rejected the inmates' first amendment challenge to the ban on media interviews, noting that judgments regarding prison security "are peculiarly within the province and professional expertise of corrections officials ..... prison mail. in the marriage context, expert speculation about the security problems associated with "love triangles" is summarily rejected, while in the mail context speculation about the potential "gang problem" and the possible use of codes by prisoners receives virtually total deference. moreover, while the court correctly dismisses as a defense to the marriage rule .....

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Jun 19 1987 (FN)

Edwards Vs. Aguillard

Court : US Supreme Court

Decided on : Jun-19-1987

..... establishment clause. [ footnote 15 ] iv appellants contend that genuine issues of material fact remain in dispute, and therefore the district court erred in granting summary judgment. federal rule of civil procedure 56(c) provides that summary judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that ..... legislative history documents that the act's primary purpose was to change the science curriculum of public schools in order to provide persuasive advantage to a particular religious doctrine that rejects the factual basis of evolution in its entirety. the sponsor of the creationism act, senator keith, explained during the legislative hearings that his disdain for the theory of ..... , under louisiana law, is "to be interpreted according to [its] received meaning and acceptation with the learned in the art, trade or profession to which [it] refer[s]." la.civ.code page 482 u. s. 612 ann., art. 15 (west 1952). [ footnote 3/2 ] the only evidence in the record of the "received meaning and acceptation" of "creation science" ..... that fact" 449 u.s. at 449 u. s. 41 (footnote omitted). as a result, the contention that the law was designed to provide instruction on a "fundamental legal code" was "not sufficient to avoid conflict with the first amendment." ibid. similarly, abington school dist. v. schempp held unconstitutional a statute "requiring the selection and reading at the opening .....

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Mar 25 1987 (FN)

Johnson Vs. Transportation Agency

Court : US Supreme Court

Decided on : Mar-25-1987

..... female, she would not have been appointed to the position. . . ." ibid. the ninth circuit did not reject these factual findings as clearly erroneous, nor could it have done so on the record before us. we are bound by those findings under federal rule of civil procedure 52(a). ii the most significant proposition of law established by today's decision is that racial ..... weber's conclusion that title vii does not prohibit voluntary affirmative action programs "rewrote the statute it purported to construe." post at 480 u. s. 670 . weber's decisive rejection of the argument that the "plain language" of the statute prohibits affirmative action rested on (1) legislative history indicating congress' clear intention that employers play a major role in eliminating ..... the statute and by its legislative history. we have been recasting that self-promulgated code of conduct ever since -- and what it has led us to today adds to the reasons for abandoning it. the majority's response to this criticism of weber, ante at ..... of intentional discrimination by private employers against certain disfavored groups or individuals is to be judged not by title vii, but by a judicially page 480 u. s. 671 crafted code of conduct, the contours of which are determined by no discernible standard, aside from (as the dissent convincingly demonstrated) the divination of congressional "purposes" belied by the face of .....

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