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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: supreme court of india Year: 1991 Page 1 of about 19 results (0.103 seconds)

Dec 12 1991 (SC)

Sujir Keshav Nayak Vs. Sujir Ganesh Nayak

Court : Supreme Court of India

Decided on : Dec-12-1991

Reported in : AIR1992SC1526; JT1992(1)SC134; 1992(1)KLT283(SC); 1991(2)SCALE1359; (1992)1SCC731; [1991]Supp3SCR409; 1992(1)LC240(SC)

..... have already been extracted earlier. sub-section (2) of section 36 of kerala act amply safeguards the interest of revenue. similar provisions exist in central act. but under civil procedure code plaint is liable to be rejected under order 7 rule 11 if it is under-valued. how to reconcile the two provisions, the one leaving it to absolute discretion of plaintiff to value the ..... suit as he considers proper and the other to reject a plaint if it is under-valued. for this it is necessary to examine the scheme disclosed in the civil procedure code relating to filing of suit. section 15 of the civil procedure code (hereinafter referred to as 'c.p.c.'). provides that any suit shall be instituted in the ..... place any valuation whatever in such relief.' but that was a case of limited pecuniary jurisdiction in which the defendant could object as arbitrary under-valuation could result in rejection of the plaint. such right should be denied in suits of unlimited jurisdiction for more than one reason. a defendant, as observed by the privy council in r.s.jadhav desai ..... for dissolution of partnership and accounting filed in courts of limited pecuniary jurisdiction the plaintiff must take every care to disclose valuation which is not arbitrary as the plaint is liable to be rejected on objection of the defendant. but in suits of such nature filed before courts of unlimited jurisdiction the valuation disclosed by the plaintiff may be accepted as correct .....

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Mar 13 1991 (SC)

R. Mcdill and Company Pvt. Ltd. Vs. Gouri Shankar Sarda and ors.

Court : Supreme Court of India

Decided on : Mar-13-1991

Reported in : 1991(1)ARBLR290(SC); (1991)2CALLT9(SC); JT1991(1)SC645; 1991(1)SCALE431; (1991)2SCC548; [1991]1SCR809; 1991(1)LC620(SC)

..... 80 c.p.c. apply to a proceeding under section 20 ramchand v. governor-general in council : air 1947 sind 147. the following provisions of the code civil procedure apply to appeals under the act:(1) section 96(3) union of india v. mohinder singh & co. air 1971 jk 10; scottish union of ..... started execution proceedings against the appellant. the central government gave a certificate under section 86(3) read with section 87b of the code civil procedure, 1908 consenting to the execution of the decree against the properties of the appellant. the executing court passed the prohibitory order under order xxi ..... a proceeding which does not commence with a plaint or petition in the nature of plaint, or where the claim is not in respect of dispute ordinarily triable in a civil court, would prima facie not be regarded as falling within section 86, code of civil procedure. in the case before us as already mentioned ..... above a suit by presenting a plaint was instituted by the respondent no. 1 and thereafter it was ..... all proceedings before the court under the act. now, by its own language section 86(1) applies to suits only, and section 141, code of civil procedure does not attract the provisions of section 86(1) to proceedings other than suits. accordingly, by the conjoint application of section 41(a) .....

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Oct 03 1991 (SC)

Union Carbide Corporation, Etc., Etc. Vs. Union of India, Etc. Etc.

Court : Supreme Court of India

Decided on : Oct-03-1991

Reported in : I(1992)ACC332; AIR1992SC248; (1991)3CompLJ213(SC); JT1991(6)SC8; 1991(2)SCALE675; (1991)4SCC584; [1991]Supp1SCR251; 1992(1)LC505(SC)

..... (a) and (b) are held and answered against the petitioners.(ii) the contention that the settlement is void for non-compliance with the requirements of order xxiii rule 3b, cpc is rejected. contention (c) is held and answered against the petitioners.(iii) the contention that the court had no jurisdiction to quash the criminal proceedings in exercise of power under article 142 ..... of may, 1986, in september of that year union of india in exercise of its power under the act filed a suit in the district court at bhopal. in the plaint it was stated that death toll upto then was 2,660 and serious injuries had been suffered by several thousand persons and in all more than 5 lakh persons had ..... whatsoever wherever pending) by all indian citizens and all public and private entitles with respect to all past, present and future deaths, personal injuries, health effects, compensation, losses, damages and civil and criminal complaints of any nature whatsoever against ucc, union carbide india limited, union carbide eastern, and all of their subsidiaries and affiliates as well as each of their present ..... events. the first is that the central bureau of investigation, government of india, brought criminal charges under sections 304, 324, 326, 429 read with section 35 of the indian penal code against mr. warren anderson, the then chairman of the ucc and several other persons including some of the officers in-charge of the affairs of the ucil. on 7th december .....

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Feb 19 1991 (SC)

Maharashtra State Financial Corporation Vs. Jaycee Drugs and Pharmaceu ...

Court : Supreme Court of India

Decided on : Feb-19-1991

Reported in : 1991(1)SCALE276; (1991)2SCC637; [1991]1SCR480a; 1991(1)LC505(SC)

..... the dues of the financial corporation and that these sections had the effect of cutting across and dispensing with the provisions of the cpc, 1908 (hereinafter referred to as the code) from the stage of filing a suit to the stage of obtaining a decree in execution whereof such properties as are referred to ..... release the property from attachment; (d) confirm or dissolve the injunction; or(a) transfer the management of the industrial concern to the financial corporation of reject the claim made in behalf:provided that when making an order under clause (c) the district judge may make such further orders as he thinks necessary to ..... above, it also does not militate in any way with the concept of an application under section 31(1) of the act, not being a plaint in suit for recovery of money.17. reliance in this behalf has been placed by learned counsel for the intervenor on a decision of the delhi ..... difficulty because he has unlimited pecuniary jurisdiction. the difficulty arises, as in the instant case, when such application is to be made either before the city civil court or the high court as contemplated by sub-section (11) of section 32. in our opinion, the extent of the liability stated in the ..... by learned counsel for the parties we find it useful to refer to the statutory provisions relevant in this behalf. section 2 of the bombay city civil court act, 1948 contains definitions and inter alia provides:2. in this act unless there is anything repugnant in the subject or context,(1) city .....

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Jul 15 1991 (SC)

Gulabbai Vs. NalIn Narsi Vohra and Others

Court : Supreme Court of India

Decided on : Jul-15-1991

Reported in : AIR1991SC1760; (1991)93BOMLR606; JT1991(3)SC112; (1991)2MLJ28(SC); 1991(2)SCALE60; (1991)3SCC483; [1991]2SCR941; 1991(2)LC372(SC)

..... circumstances that have been brought to the notice of the court by the application for additional evidence filed under order 41 rule 27 of the cpc and in coming to a firm finding that the plaintiff-appellant having constructed a spacious bungalow where she with the members of her family had been ..... 227 of the constitution by taking into consideration subsequent facts and evidences. this submission, in our considered opinion, is without any substance and same is to be rejected. reference may be made in this connection to the decision in the case of mis variety emporium v. v.r.m. mohd. ibrahim naina : [ ..... denying all the material allegations made by the plaintiff. according to the defendants, the description of the suit house was not made properly in the plaint and hence on that ground the suit is liable to be dismissed. the defendants has stated that the suit property is in their possession since the ..... one month of the date of order.9. against the said judgment and decree, the defendant no. 1 nalin narsi vohra filed an appeal being regular civil appeal no. 430 of 1985 in the court of addl. distt. judge, ahmednagar, the learned additional district judge held that the trial court was right ..... the case as appears from the pleadings of the parties is as follows:the plaintiff-appellant, gulabbai instituted regular civil suit no. 19 of 1979 in the court of shri s.s. patil, iii jt. civil judge, j.d., ahmednagar at ahmednagar for vacant possession of the suit property consisting of part of survey .....

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Apr 28 1991 (SC)

Ujjam Bai. Vs. State of Uttar Pradesh.

Court : Supreme Court of India

Decided on : Apr-28-1991

Reported in : AIR1962SC1621; 1963(1)SCR778

..... employees ([1956] s.c.r. 781.) this court said that although the rule of res judicata as enacted by section 11 of the code of civil procedure did not in terms apply to an award made by an industrial tribunal its underlying principle which is founded on sound public policy and is of ..... the central excise salt act. 1944, and in act no. 58 of 1957 and would include bidis in the exemption. the sales tax officer rejected this claim, observing :"the exemption envisaged in this notification applies to dealers in respect of sales of biris, provided that the additional central excise duties ..... of the constitution against the order of assessment, passed on an alleged misconstruction of the notification of december 14, 1957, the high court rejected the petition on two grounds. the first ground given was that the petitioner had the alternative remedy of getting the error corrected by appeal ..... under which it was made, viz., the taxation on income (investigation commission) act (30 of 1947) was void under article 14 of the constitution. rejecting this contention, mahajan, c.j., delivering the judgment of the court, observed :"the assessment orders under the income-tax act itself were made against the ..... december 14, 1957, no tax was payable on the sale of biris. by his order dated december 20, 1958, the sales tax officer rejected this contention. he observed :"the exemption envisaged in this notification applied to dealers in respect of biris, provided that the additional central excise duties .....

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Jul 25 1991 (SC)

K. Veeraswami Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Jul-25-1991

Reported in : JT1991(3)SC198; (1992)IILLJ53bSC; 1991(2)SCALE150; (1991)3SCC655; [1991]3SCR189a

..... of corruption against a superior judge and if the prevention of corruption act is held applicable to them, then there would be two separate procedures under these two enactments providing for investigation into the same charge. can this anomaly and incongruity be attributed to a conscious act of the ..... of article 124 read with article 218 of the constitution. such a construction has undoubtedly to be avoided. this is more so, since the rejection of such an argument would not in any manner jeopardise the provisions of the act as it would result only in the failure of the attempt ..... for proved misbehaviour is unobjectionable.58. there are various protections afforded to judges to preserve the independence of the judiciary. they have protection from civil liability for any act done or ordered to be done by them in discharge of their judicial duty whether or not such judicial duty ..... broadly include the existing offences under sections 161 and 165 of the indian penal code committed by public servants and enact a new rule of presumptive evidence against the accused. the act also creates a new offence of criminal ..... 'corruption' is used shows that the legislation was intended to combat also other evils in addition to briberty. the existing law i.e. penal code was found insufficient to eradicate or even to control the growing evil of bribery and corruption corroding the public service of our country. the provisions .....

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Sep 12 1991 (SC)

East India Hotels Ltd. Vs. Syndicate Bank

Court : Supreme Court of India

Decided on : Sep-12-1991

Reported in : I(1992)BC1(SC); 45(1991)DLT476(SC); JT1991(6)SC112; 1991(2)SCALE638; 1992Supp(2)SCC29

..... thereof. the leave and licence granted to the respondent on march 31, 1966 was terminated but he remained in possession. in the eviction proceedings, rejecting the plea that he was a tenant, a decree for ejectment was passed which was challenged in the proceedings under article 226; pending the ..... dharamchand khatri and ors. , the court discountenanced the incompetent mandi development officer taking over possession of the land from the petitioners. even the modicum of procedure followed by the board to take possession was held to be "not in regular normal process". in neyveli lignite corporation's case (supra), the respondent, ..... in the high court judgment, that "defendants are willing to proceed on the footing that the plaintiff had been dispossessed as alleged in the plaint"..... the defendants are proceeding on the basis that the plaintiff has been dispossessed as alleged. the defendants are not pressing their case that the ..... the respondent that the appellant had promised to re-deliver possession. it also claimed that it had a right to renewal under the contract. since civil suit is pending, it is not necessary to consider whether it is a lease or licence. suffice to proceed as pleaded that it is ..... ors, is an authority for proposition that a tenant holding over cannot be dispossessed without following due course of law. in a suit under revenue code like section 9 of the old act, this court held that the question of title under section 9 is irrelevant. the word trespass would .....

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Nov 13 1991 (SC)

All India Judges' Association Vs. Union of India and others

Court : Supreme Court of India

Decided on : Nov-13-1991

Reported in : AIR1992SC165; JT1991(4)SC285; 1992(1)KLT103(SC); (1993)ILLJ723SC; 1991(2)SCALE969; (1992)1SCC119; [1991]Supp2SCR206; 1992(1)SLJ53(SC); 1992(1)LC155(SC)

..... of justice is an inevitable feature in any civilised society. maintenance of law and order require the presence of an efficient system of administration of criminal justice. under the civil code, court fee is realised under the court fee act. for some time demand to abolish it has been made but the states have abandoned the idea on account of ..... provided to ensure the same within the time limit.43. the chief judicial magistrate is a touring officer apart from doing trial work as a magistrate. mandate of the crpc requires him to undertake some touring. the quality of criminal justice administration would very much depend upon the mobility of the chief judicial magistrate. we, therefore, direct that ..... presidency magistrate, sessions judge, additional sessions judge and assistant sessions judge. this definition in article 236 covers the higher section of the state judicial service both in the civil and criminal sides. the definition is only inclusive and in implementing the recommendations of the law commission to simplify the designations by saying that the hierarchy of subordinate judicial officers ..... , therefore, should be classified as district or additional district judge, civil judge (senior division) and civil judge (junior division). on the criminal side, there should be a sessions judge or additional sessions judge and below him there should be the chief judicial magistrate and magistrates provided for in the crpc. appropriate adjustments, if any, may be made of existing posts .....

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Nov 22 1991 (SC)

Dena Nath and Others Vs. National Fertilisers Ltd. and Others

Court : Supreme Court of India

Decided on : Nov-22-1991

Reported in : AIR1992SC457; JT1991(4)SC413; 1992LabIC75; (1992)ILLJ289SC; 1991(2)SCALE1081; (1992)1SCC695; [1991]Supp2SCR401

..... on the ground that they were employed by the licensed contractor. this led to an industrial dispute and on a reference made of the said industrial dispute, the labour court rejected the contention of the management and held that the so called contractor was a mere name-lender and did not hold licence under the act and directed the reinstatement of ..... conditions as may be prescribed. section 14 provides for revocation, suspension and amendment of the licences while section 15 provides for an appeal. chapter vi deals with the penalties and procedures. section 22 deals with the obstructions. section 23 deals with contravention of provisions regarding employment of contract labour and sections 24 and 25 deal with other offences and offences by ..... karnataka is that in such a situation the contract labour becomes directly the employee of the principal employer.4. for the sake of convenience we deal with the facts of civil appeal no. 2355 of 1991.5. this appeal arises from the decision of a division bench of the punjab & haryana high court dated 27th february, 1991 passed in writ petition .....

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