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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: supreme court of india Year: 2016 Page 1 of about 39 results (0.121 seconds)

Jul 04 2016 (SC)

R K Roja Vs. U S Rayudu and Anr

Court : Supreme Court of India

Decided on : Jul-04-2016

..... .: leave granted. the appellant has two grievances - (i) the court has not disposed of an application filed by her under order vii rule 11 of the code of civil procedure, 1908 (hereinafter referred to as the code ) for rejection of the election petition and the same has been posted along with the main petition and (ii) she is denied an opportunity to file written statement ..... statement or on the basis of the allegations in the application for rejection of the plaint. the court has to consider only the plaint as a whole, and in case, the entire plaint comes under the situations covered by order vii rule 11 (a) to (f) of the cpc, the same has to be rejected. once an application is filed under order vii rule 11 of ..... terms about the filing of a written statement. instead, the word shall is used, clearly implying thereby that it casts a duty on the court to perform its obligations in rejecting the plaint when the same is hit by any of the infirmities provided in the four clauses of rule 11, even without intervention of the defendant. in saleem bhai case (supra ..... the cpc, the court has to dispose of the same before proceeding with the trial. there is no point or sense in proceeding with the trial of the case, in case the plaint (election petition in the present case) is only to be rejected at the threshold. therefore, the defendant is entitled to file .....

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Dec 09 2016 (SC)

M/S Alcon Electronics Pvt. Ltd. Vs. Celem S.A. of Fos 34320 Roujan, Fr ...

Court : Supreme Court of India

Decided on : Dec-09-2016

..... 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 144 of cpc but shall not include (a) any adjudication from which an appeal lies as an appeal from an order, or ( ..... on a basis other than the standard basis or the indemnity basis, the costs will be assessed on the standard basis. the part 44 of the civil procedure rules (cpr) in the usa contains general rules about costs and entitlement to costs. the rules are supplemented by practice direction. however, part 44 does ..... act, 1978 which permits imposition of interest on litigation costs. further tried to impress upon that the amended section 35(3) of the cpc permitted a civil court to grant interest on costs. the unamended section 35(3) stated as follows: the court may give interest on costs at any ..... the statement given by the judge on the grounds of a decree or order. order is defined under section 2(14) of cpc as a formal expression of any decision of the civil court which is not a decree . then explanation 2 to section 44a (3) says "decree" with reference to a superior ..... in this appeal by special leave, the appellant judgment debtor assails the impugned judgment dated 8th april, 2013 passed by the high court of bombay in civil revision application no.680 of 2011, whereby the high court has dismissed the application filed by the appellant seeking declaration that the judgment and order dated 19th .....

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Apr 26 2016 (SC)

Pawan Kumar Pathak Vs. Mohan Prasad

Court : Supreme Court of India

Decided on : Apr-26-2016

..... application was contested by the appellant and dismissed by the trial court. thereafter, the appellant moved an application for amendment of the plaint, under order vi rule 17 of the code of civil procedure taking a specific stand therein that he was the adopted son of late hira lal. the said application was dismissed by the trial ..... justifiable reason for the trial court to reject the aforesaid plea in view of the provisions of section 3(53) of the general clauses act. in fact, it was not even necessary for the appellant to move an application under order vi rule 17 of the code of civil procedure, 1908, with an attempt to take ..... filed by the appellant on the earlier occasion would be inconsequential, though we may hasten to add that the high court was not entirely justified in rejecting the application on the ground that his plea that he was the adopted son was inconsistent with the earlier plea. we do not see any such ..... plaintiff to fill up the lacuna of the evidence. hence, in our opinion, there is no illegality or irregularity committed by the trial court in rejecting the application for amendment filed under order 6 rule 17 c.p.c. the appellant did not challenge the aforesaid order at that stage by filing ..... 6 rule 17 c.p.c. in regard to the fact that the plaintiff-petitioner is an adopted son of late heerala, has rightly been rejected by the trial court because it would be inconsistent to earlier plea of the plaintiff-petitioner and it would amount to grant of an opportunity to .....

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Feb 23 2016 (SC)

Ram Rati Vs. Mange Ram (D) Thr Lrs. and Ors.

Court : Supreme Court of India

Decided on : Feb-23-2016

..... applicant."3. by order dated 15.04.2008 of the additional district judge, delhi in civil suit no.43 of 2009 filed by the respondents, the suit as against defendant nos. 5 and 6 was rejected, holding that the plaint did not disclose any cause of action against them. defendant nos. 5 was the plaintiff ..... of 2009 and the earlier order of consolidation of suits dated 8.12.2007 was maintained, further clarifying that the past evidence of plaintiff in civil suit no.44 of 2009, which has already been recorded, to be treated as the main suit.6. we shall extract the order dated ..... are two suits filed by the respective parties and pending before the tis hazari courts at delhi. civil suit no.43 of 2009 was filed by the respondents herein for declaration and injunction in respect of the plaint schedule property. in respect of very same property, the appellant herein also filed a suit seeking ..... is that after consolidation of the suits, the plaintiff in civil suit no.43 of 2009 should get an opportunity to cross examine the pw1 (defendant no.5 in civil suit no.43 of 2009).5. it is interesting to note that ..... in suit no.44 of 2009 and defendant no.6 is her husband. that defendant no.5 is the appellant before this court.4. thus, the only ground taken up in the application filed under order 18 rule 17 cpc .....

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Sep 26 2016 (SC)

The Central Provident Fund Commissioner, New Delhi and Ors. Vs. Lala J ...

Court : Supreme Court of India

Decided on : Sep-26-2016

..... funds and miscellaneous provisions act, 1952. 5 on an application filed under order vii, rule 11, cpc, the civil court can only see the pleadings in the plaint and not anything else including written statement.-. 2 - 6. the main grievance urged in the plaint is that the procedure under the act has not been followed and, therefore, the appellants are entitled to file a suit ..... madhya pradesh and anr. reported in (1968) 3 scr662 7. according to the appellants, the respondents have suppressed crucial facts in the plaint, which if seen, the suit is only to be dismissed at the threshold. rejection of a plaint on institutional grounds is different from dismissal of a suit at pre-trial stage on the ground of maintainability. for dismissal on a ..... lala j.r. education society and ors. respondents judgment kurian,j.1 delay condoned. 2 leave granted. 3 appellants are aggrieved since the application filed under order vii, rule 11, cpc has been rejected. 4 according to the appellants, the respondents having exhausted all the remedies under the employees provident funds and miscellaneous provisions act, 1952, cannot thereafter approach the .....

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Jan 05 2016 (SC)

Sri Aurobindo Ashram Trust and Ors Vs. R Ramanathan and Ors

Court : Supreme Court of India

Decided on : Jan-05-2016

..... the revision petitioners cannot be brought into the caption of breach of trust. nevertheless, having regard to the scope of section 92 of the code of civil procedure and as per the law laid down by the honourable supreme court in vidyodaya trust case, the court has to go beyond the relief and ..... into in the first instance to determine whether the suit filed lies within the ambit of section 92 of the cpc. it was also held that if the allegations in the plaint indicate that the suit has been filed to remedy the infringement of a private right or to vindicate a private ..... the question of revocation would arise only after evidence is led in the matter and on final determination of the suit.21. the trial court rejected the contention of the appellants that the documents referred to and relied upon by the respondents were fabricated on the ground that this could be ..... notice board but in spite of such and other actions, the appellants failed to take any appropriate corrective measures.12. it was stated in the plaint that through a communication made on 11th november, 2008 the trust expressed and admitted its displeasure with the contents of the book written by peter ..... reason, this book is hereafter referred to as the book or the objectionable book.7. the respondents summarized their grievances in paragraph 2 of the plaint and the relevant portion thereof reads as follows:- the plaintiffs who represent the interest of the community of followers, devotees and disciples of sri aurobindo .....

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Apr 19 2016 (SC)

Messer Holdings Ltd. Vs. Shyam Madanmohan Ruia and Ors.

Court : Supreme Court of India

Decided on : Apr-19-2016

..... , ggl filed two applications seeking certain interim orders. i.a. no.7248 of 1998 in the suit-i invoking order 39 rule 1&2 of the code of civil procedure, 1908 (hereinafter referred to as cpc ) and omp no.205 of 1998 invoking section 9 of the arbitration & conciliation act, 1996 (hereinafter referred to as a&c act ). interestingly the ..... which is otherwise an abuse of the process of the court. mulla in his treatise on the code of civil procedure, (15th edn., vol. ii, p. 1179, note7) has stated that power under clause (c) of order 6 rule 16 of the code is confined to cases where the abuse of the process of the court is manifest from the ..... in the present case the high court has held the suit to be an abuse of the process of the court on the basis of what is stated in the plaint. para 43- the supreme court practice 1995 published by sweet & maxwell in paragraphs 18/19/33 (p.344) explains the phrase abuse of the process of the ..... 26 supra) [12]. see para 7 and 11(a) of the settlement dated 5.12.2002 extracted at para 20 supra [13]. there is no whisper in the plaints of either suit ii or iii, of mgg having had obtained the custody of the share certificates either from ruias (of 45001 shares) or from the public (of ..... ordr of injunction of this hon ble court from: (i) committing breach of clause 6.1 of the agreement dated 23rd june, 1997 being ex. b to the plaint. [6]. appeal no.855 of 2003 on the file of the bombay high court was filed by mhl aggrieved by an order dismissing n.m. no .534 of .....

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Apr 13 2016 (SC)

Rishabh Chand Jain and Anr Vs. Ginesh Chandra Jain

Court : Supreme Court of India

Decided on : Apr-13-2016

..... all of the matters in controversy in the suit, the requirement of decree is satisfied. such determination can be preliminary or final. rejection of a plaint is deemed to be a decree under section 2(2) of the code. only two orders are excluded-(i) any adjudication from which an appeal lies as an appeal from an order and (ii) ..... record and after hearing both sides. the impugned order dismissing the suit on the ground of res judicata does not cease to be a decree on account of a procedural irregularity of non- framing an issue. the court ought to treat the decree as if the same has been passed after framing the issue and on adjudication thereof, ..... being barred by the principle of res judicata and the lack of cause of action as per order dated 03.08.2010. the plaintiff challenged the said order in civil revision no.783 of 2010 before the high court of judicature at patna. the high court, in the impugned order, has taken the view that for dismissal of ..... khatiyan has not yet been finally published. under these circumstances, no relief of declaration can be granted by the civil court for declaring the said survey as null and void. the suit can not be filed in the civil court prior to final publication of the survey khatiyan. thus, it is clear that the plaintiff has no cause ..... in the supreme court of india civil appellate jurisdiction civil appeal no.4543 of2016(arising out of s.l.p.(c) no.538 of 2014) rishabh chand jain & another ... appellant (s) versus ginesh chandra jain ... respondent (s) .....

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Apr 28 2016 (SC)

M/S. Northern Minerals Ltd. and Ors. Vs. Rajasthan Govt. and Anr.

Court : Supreme Court of India

Decided on : Apr-28-2016

..... 482 of the criminal procedure code wherein they sought quashing of the order of cognizance dated 13.12.1995. the high court did not accept the prayer made by the appellants and dismissed the above ..... allowed. the impugned order dated 26.10.2004 passed by the high court is set aside. the proceedings initiated against the appellants based on the cognizance taken by the additional civil judge (junior division-cum- judicial magistrate), kishangarh, rajasthan, are hereby quashed. criminal appeal no.61 of 2006 14. we have heard learned counsel for the rival parties. ..... the aforestated statutory provisions, it was the submission of the learned counsel for the appellants, that by the time the matter came to be taken up by the learned additional civil judge (junior division-cum-judicial magistrate), kishangarh, rajasthan, on 13.12.1995, the sample had already expired. in this behalf it was pointed out, that the sample ..... and munsif magistrate (1st class), kishangarh. on 13.12.1995, the above magistrate took cognizance of the aforesaid complaint.5. dissatisfied with the order passed by the additional civil judge (junior division-cum-judicial magistrate), kishangarh, rajasthan, in taking cognizance, the appellants approached the high court by filing criminal miscellaneous petition no.250 of 2001 under section .....

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Nov 15 2016 (SC)

Ananthesh Bhakta Reptd. by Moter Usha a Bhakta and Ors Vs. Nayana S. B ...

Court : Supreme Court of India

Decided on : Nov-15-2016

..... the payment of the admitted tax. in the case of hindusthan commercial bank the term 'entertain' as found in the proviso to order xxi rule 90 code of civil procedure(cpc) fell for consideration of the court. hegde,j., speaking for a bench of two learned judges of this court in this connection observed that the term ..... without such original or certified copy, but bringing original arbitration agreement on record at the time when the court is considering the application shall not entail rejection of the application under section 8(2).23. in the present case it is relevant to note the retirement deed and partnership deed have also ..... father late shri prakash chandra baktha, she has not inherited any right or share either in the partnership deed or in the schedule property. moreover, the plaint schedule property according to the plaintiffs is the property of the partnership firm m/s. 'neo subhash beedi works'. therefore, there is no question of ..... para 5 of the plaint. the plaintiffs themselves have filed the photocopies of deed of retirement dated 25.07.2005 as the document no.6 in the list and photocopies ..... /partnership deed. issue no.(1) 12. two facts which emerged from record in this respect need to be noted. firstly, the plaintiffs in their plaint of o.s.no.5 of 2014 have referred to and admitted the retirement deed dated 25.07.2005 and partnership deed dated 05.04.2006 in .....

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