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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: supreme court of india Year: 2001 Page 1 of about 35 results (0.129 seconds)

Sep 19 2001 (SC)

Union of India Vs. Suresh J. Thanawala and ors. Etc.

Court : Supreme Court of India

Decided on : Sep-19-2001

Reported in : JT2001(7)SC668; 2001(6)SCALE401; (2001)8SCC185; 2002(1)LC43(SC)

..... an order dated 17th january, 2000 has been dismissed. by the order dated 17th january, 2000 the court has, exercising powers under order vii rule 11 (d) of the code of civil procedure, rejected the plaint is being barred by limitation.4. briefly stated the facts are as follows:the subject matter of the suit involves large areas of land situated in and around mumbai ..... . respondents/defendants filed notice of motion no. 399 of 1999 praying for rejection of the plaint filed under order vii rule 11(d) of the code of civil procedure. this prayer was based upon section 20 of the maharashtra land revenue code which, inter alia, provides as follows:20 ... (4) any suit in any civil court after the expiration of one year from the date of any ..... . the collector of mumbai purporting to act under section 20 of the maharashtra land revenue code passed an order dated 22nd june, 1995 holding that the lands in question belong ..... rejected by the order dated 17th january, 2000. the appeal came to be dismissed by the impugned judgment. 8. undoubtedly, in the plaint, the appellants have prayed for condonation of delay of the period of limitation as prescribed under section 20 of the maharashtra land revenue code. however, the learned solicitor general submitted that the main relief is for a declaration that .....

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Jul 24 2001 (SC)

Raj NaraIn SarIn (Dead) Through Lrs. and ors. Vs. Laxmi Devi and ors.

Court : Supreme Court of India

Decided on : Jul-24-2001

Reported in : (2002)10SCC501

..... , is set out below: 11. rejection of plaint.the plaint shall be rejected in the following cases (a) where it does not disclose a cause of action; (b) where the ..... . leave granted. 2. in an application under order 7 rule 11, read with section 151 of the code of civil procedure for rejection of plaint, learned additional district judge, agra, by his order dated 23-10-1992, rejected the plaint. learned judge in coming to such a conclusion of rejection did place strong reliance on a decision of this court in the case of t. arivandandam v. t ..... exercise its power under order 7 rule 11 of the code of civil procedure taking care to see that the ground mentioned therein is fulfilled since bogus litigation ought to be shot down at the earliest stage. incidentally, order 7 rule 11 as engrafted in the code of civil procedure envisages four specific cases for rejection of the plaint. order 7 rule 11, for the sake of convenience .....

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Aug 27 2001 (SC)

M/S. Ambalal Sarabhai Enterprises Ltd. Vs. M/S. Amrit Lal and Co. and ...

Court : Supreme Court of India

Decided on : Aug-27-2001

Reported in : AIR2001SC3580; 93(2001)DLT164(SC); JT2001(7)SC477; 2001(5)SCALE509; (2001)8SCC397

..... the suit the appellant filed an application under order 7 rule 11 cpc to reject the plaint as parallel proceedings cannot be continued both before the rent controller and the civil court. the trial court on 18.10.1997 rejected appellant's aforesaid application. aggrieved by that the appellant filed revision ..... , it would not affect the right conferred on the tenants under the repealed provisions of the rent control act. this submission was rejected by this court. the court held: 'we are unable to uphold this contention for a number of reasons. prior to the ..... already filed a suit appellant prayed that this eviction petition be dismissed or in the alternative its proceedings be stayed. however, the rent controller rejected such a request by his order dated 23.11.1992 relying on the ratio of d.c. bhatia & ors. vs. union of ..... before the high court.8. as aforesaid, in the meanwhile the appellant moved an application before the additional rent controller under section 9 read with section 151 cpc ..... to find which court would have the jurisdiction. whether the court of rent controller under delhi rent control act or ordinary civil court having jurisdiction over the subject matter in issue? as discipline and culture in every walk of life is essential for smooth .....

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Mar 26 2001 (SC)

Syndicate Bank Vs. Mr. Prabha D. Naik and anr. Etc.

Court : Supreme Court of India

Decided on : Mar-26-2001

Reported in : AIR2001SC1968; II(2001)BC304(SC); [2001]105CompCas385(SC); JT2001(4)SC133; (2001)2MLJ97(SC); 2001(3)SCALE53; (2001)4SCC713; [2001]2SCR714; 2001(2)LC1031(SC); (2001)2UPLBEC1

..... obviously was on an inspiration from the provisions of section 3 of the goa, daman and diu (extension of the code of civil procedure and the arbitration), act, 1965 by which both the code of civil procedure, 1908 and the arbitration act, 1940 were extended to the union territory of goa, daman and diu and it ..... much of the law in force in the union territory of goa, daman and diu as corresponds to the code of civil procedure 1908 or the arbitration act, 1940. this act also neither expressly nor by implication repeals the provisions relating to limitation contained in the portuguese ..... of action under consideration arose outside the portuguese law, no exception can be taken to the judgment and decree of the civil judge, senior division, panaji as regards the rejection of plaint being barred by limitation. 3. incidentally, the only ground of challenge in the appeal before the high court also pertained ..... in paragraph 25 of the report as below:'25. we may now summarise our conclusions in this regard. (i) provisions in the portuguese civil code or other codes in force in this union territory relating to the periods of limitation are local laws within the meaning of section 29(2) of the ..... to the issue of limitation. both the learned civil judge and the high court however, relied on a decision of the bombay high .....

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Jul 24 2001 (SC)

Dhurandhar Prasad Singh Vs. Jai Prakash University and ors.

Court : Supreme Court of India

Decided on : Jul-24-2001

Reported in : AIR2001SC2552; (2001)3CALLT55(SC); JT2001(5)SC578; 2001(4)SCALE495; (2001)6SCC534; [2001]3SCR1129; 2001(3)SLJ432(SC)

..... decree holder-appellant has challenged the judgment rendered by patna high court whereby revision application has been allowed, order passed by the executing court, rejecting objection under section 47 of the code of civil procedure (hereinafter referred to as the 'code') to the executability of decree passed in title suit no. 115 of 1977, set aside and objection allowed.3.plaintiff-appellant filed suit ..... 2 (respondent no.3) who was secretary of governing body, ganga singh college, terminating the services of plaintiff, was illegal. according to the case of the plaintiff disclosed in the plaint, he was appointed as routine-cum-examination clerk in the said college, which was affiliated to bihar university, by principal of the college on 8.1.1977 which was subsequently ..... infirmity or substantial question of law arises, but such an error must suffer with the vice of error of jurisdiction. of course, the revisional powers exercisable under the code of criminal procedure and likewise in similar statutes stand on entirely different footing and much wider as there the court can go into correctness, legality or propriety of the order and regularity ..... posed, but before doing so, for better appreciation of the point involved, it would be appropriate to refer to the provisions of order 22 rule 10 of the code which runs thus:-'10. procedure in case of assignment before final order in suit. --(1) in other cases of an assignment, creation or devolution of any interest during the pendency of a .....

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Jan 03 2001 (SC)

Makhan Lal Bangal Vs. Manas Bhunia and ors.

Court : Supreme Court of India

Decided on : Jan-03-2001

Reported in : AIR2001SC490; JT2001(1)SC252; 2001(1)SCALE11; [2001]1SCR17

..... largely depends on correct framing of issues, correctly determining the real points in controversy which need to be decided. the scheme of order xiv of the code of civil procedure dealing with settlement of issues shows that an issue arises when a material proposition of fact or law is affirmed by one party and denied by the other. each material ..... form of a narrative. within three years the law commission of india found this system causing delay in trial and hence not workable and on its recommendation, by the code of criminal procedure (amendment) act (45 of 1978), section 276 was amended so as to provide that in trial before courts of session evidence shall ordinarily be taken down in the form ..... to obtain or procure the services from the gazetted officers and persons in the service of government in committing corrupt practice by improper reception of invalid votes and, refusal or rejection of valid votes materially affecting the result of election. as regards various instances of corrupt practices as alleged in these sub-paragraphs also an omnibus issue no.3, has been ..... proposition affirmed by one party and denied by other should form the subject of a distinct issue. an obligation is cast on the court to read the plaint/petition and the .....

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Apr 17 2001 (SC)

K. Raj and anr. Vs. Muthamma

Court : Supreme Court of India

Decided on : Apr-17-2001

Reported in : AIR2001SC1720; 2001(3)SCALE386; (2001)6SCC279; 2001(2)LC1138(SC)

..... of the first husband of valliamma was given by the defendant. the first appellate court also observed 'strong and mature evidence has to be adduced to reject the case of the plaintiff that she is daughter of anthony'. it is also observed that the plaintiff was not asked to meet the case that ..... appellate court. it may perhaps then amount to mis-reading of the document or wrong interpretation of the documents. we have also noticed that in the plaint the plaintiff has described herself and the defendant only as daughters of valliamma. father's name in respect of none has been disclosed. it has ..... that the case involves a substantial question of law. it would be appropriate to reproduce section 100 cpc which reads as under:'100. second appeal. -- (1) save as otherwise expressly provided in the body of this code or by any other law for the time being in force, an appeal shall lie to the ..... anthony ummini had none of his parents living nor any other brothers or sisters except the plaintiff and the defendant.4. in paragraph 5 of the plaint, it is averred that plaintiff and the defendant are sisters and that the plaintiff is entitled to one-half of the property, whereas defendant is ..... release of the property from ananthan. in the year 1978, a suit was filed by kannamma impleading muthamma as defendant with a prayer for redemption of plaint schedule properties, basing her claim on the facts that on the death of anthony ummini her brother, the two sisters namely, the plaintiff and the defendant .....

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Aug 14 2001 (SC)

M.S.V. Raja and anr. Vs. Seeni thevar and ors.

Court : Supreme Court of India

Decided on : Aug-14-2001

Reported in : 2001VIAD(SC)234; AIR2001SC3389; JT2001(6)SC537; (2002)1MLJ31(SC); 2001(5)SCALE210; (2001)6SCC652

..... as the respondents (seeni thevar & ors.) were not parties to the said suit, they had sought for impleading them in the suit but their application was rejected; the special leave petition filed by them challenging the judgment in s.a. no. 1946/79 arising out of the o.s. no. 100 of 1975 ..... exercising jurisdiction in second appeal; in the absence of formulation of substantial questions of law that arose for consideration between the parties under section 100 of cpc, the impugned judgment cannot be sustained; the very frame of the suit and the reliefs sought for and in particular the relief as to restraining ..... the defendants specifically denied that the temple belonged to religious denomination of rajus although there was no denial that rajus formed a religious denomination. in the plaint, a specific declaration was sought that the temple is a denomination temple belonging to the religious denomination of rajus. the trial court in para 24 of ..... temple; the suit was barred by the principle of res judicata in view of the judgment in o.s.no. 100 of 1975 and that the civil court had no jurisdiction to try the suit in view of section 108 of the act. after trial, appreciating the evidence brought on record and after ..... 10.1992 directed that s.l.p. no. 19184 of 2000 may be considered alongwith this appeal at the time of final hearing. it is thus this civil appeal no. 2417 of 1992 and special leave petition no. 19184 of 2000 are before us for consideration now.6. in the meanwhile, the respondent s .....

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Jan 23 2001 (SC)

Ragu Thilak D. John Vs. S. Rayappan and ors.

Court : Supreme Court of India

Decided on : Jan-23-2001

Reported in : AIR2001SC699; JT2001(2)SC11; 2001(1)SCALE354; 2001(1)LC387(SC)

..... entrance.4. in view of the subsequent developments, the appellant filed an application under order 6 rule 17 for the amendment of the plaint for adding paras 8(a) to 8(f) in his plaint.the trial court rejected his prayer and the revision petition filed against that order was dismissed by the high court vide order impugned in this appeal, mainly on ..... . moji ram : [1978]2scr614 and various other authorities, this court in b.k.n. pillai v. p.pillai & anr. : air2000sc614 held:'the purpose and object of order 6 rule 17 cpc is to allow either party to alter or amend his pleadings in such manner and on such terms as may be just. the power to allow the amendment is wide ..... legal position, as noted hereinabove, the impugned order is not sustainable. accordingly, the appeal is allowed by setting aside the impugned order and permitting the appellant-plaintiff to amend the plaint subject to payment of costs of rs.500/-.

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Sep 12 2001 (SC)

Hari Shankar JaIn Vs. Sonia Gandhi

Court : Supreme Court of India

Decided on : Sep-12-2001

Reported in : 2001VIIAD(SC)313; AIR2001SC3689; JT2001(7)SC629; 2001(6)SCALE233; (2001)8SCC233

..... of any rules made thereunder, every election petition shall be tried by the high court, as nearly as may be, inn accordance with the procedure applicable under the code of civil procedure, 1908 to the trial of suits. the provisions of the indian evidence act, 1872 are made applicable in all respects to the trial of ..... true' to their knowledge, without indicating the source. such pleadings cannot amount to disclosing any cause of action and are required to be rejected/dismissed under order vii rule 11 ipc.33. to sum up, we are of the opinion that a plea that a returned candidate is not a citizen of india and ..... -compliance with the provisions of the constitution' is in our opinion sufficiently wide to cover such cases where the question is not one of improper acceptance or rejection of the nomination by the returning officer, but there is a fundamental disability in the candidate to stand for election at all.'18. sub-section (7) ..... is the duty of the court to examine the petition irrespective of any written statement or denial and reject the petition if it does not disclose a cause of action. to enable a court to reject a plaint on the ground that it does not disclose a cause of action, it should loot at the ..... plaint and nothing else. courts have always frowned upon vague pleadings which leave a wide scope to adduce any .....

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