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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: us supreme court Year: 2001 Page 1 of about 16 results (0.081 seconds)

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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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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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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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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Feb 06 2001 (SC)

Union of India and ors. Vs. Manager, M/S. JaIn and Associates

Court : Supreme Court of India

Decided on : Feb-06-2001

Reported in : AIR2001SC809; JT2001(2)SC286; 2001(1)SCALE635; (2001)3SCC277; [2001]1SCR889; 2001(2)LC1040(SC)

..... shah, j.1. leave granted.2. question involved in this appeal is -whether provisions of order ix rule 13 of the code of civil procedure (for short referred to as 'the cpc') or the principles thereof are applicable in a case where objections under section 33 of the arbitration act, 1940 (for short referred to as 'the act') are not filed and ..... the application has expired and an application for setting aside the award is made with a prayer for condonation of delay, the court cannot pronounce judgment until the application is rejected. the court also observed that even after a decree is passed under section 17, an application under section 30 can be entertained provided sufficient cause is established. in either case ..... the party who objects to such award can be treated as defendant. if the contention that for application of cpc there must be suit, plaint, plaintiff defendant or written statement is accepted, the provisions of section 41 of the act and section 141 of cpc would be nugatory.16. at this stage, we would refer to some decisions, which were referred to by ..... should the court proceed to pass judgment blindly merely because a written statement has not been filed by the defendant traversing the facts set out by the plaintiff in the plaint filed in the court. in a case, specially where a written statement has not been filed by the defendant, the court should be a little cautious in proceeding under order .....

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Oct 12 2001 (SC)

Ananga Uday Singh Deo Vs. Ranga Nath Mishra and ors.

Court : Supreme Court of India

Decided on : Oct-12-2001

Reported in : 2001VIIIAD(SC)599; AIR2001SC2992; JT2001(8)SC574; (2002)1MLJ66(SC); 2001(7)SCALE172; (2002)1SCC499

..... and place of the commission of each such practice; and (c) shall be signed by petitioner and verified in the manner laid down in the code of civil procedure, 1908 (5 of 1908) for the verification of pleadings: provided that where the petitioner alleges any corrupt practice, the petition shall also be ..... to 85 of the conduct of election rules, 1961 (hereinafter referred to as 'the rules').43. rule 74 provides that the returning officer after rejecting the ballot papers which are invalid arrange the remaining ballot papers in parcels according to the first preference recorded for each candidate; count and record ..... has to be considered as a whole. there cannot be a partial rejection of the petition.35. as the entire case law has been discussed in v. narayanaswamy's case (supra), we need not refer to other ..... of better particulars when objection is raised by the other side. where the petition does not disclose any cause of action it has to be rejected. the court, however, cannot dissect the pleadings into several parts and consider whether each one of them discloses a cause of action. the petition ..... for the rajya sabha election held in june, 1998 was improper and has materially affected the election. had the candidature of respondent no.1 been rejected, the other three candidates (including the petitioner) would have been automatically elected against the three vacancies. (4) as per the petitioner had polled 3500 .....

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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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Feb 28 2001 (SC)

Jayalakshmi Coelho Vs. Oswald Joseph Coelho

Court : Supreme Court of India

Decided on : Feb-28-2001

Reported in : AIR2001SC1084; 2001(2)ALLMR(SC)229; I(2001)DMC440SC; JT2001(3)SC356; (2001)3MLJ33(SC); 2001MPLJ556(SC); RLW2001(2)SC194; 2001(2)SCALE277; (2001)4SCC181; [2001]2SCR207; 2001

..... in the earlier part of this judgment, by way of modification of the decree dated 7.3.1992, has been rightly not granted. the application was thus liable to be rejected instead of incorporating the terms and conditions of the agreement in the decree in respect of which no prayer was made in the application for modification of decree. 23. we ..... of divorce was granted on 7.3.1992, after about 7 to 8 months of the agreement, but no payment was made. raising several other pleas, she prayed for the rejection of the application. 12. the family court, on the aforesaid application, passed an order on 11.11.1992 amending the decree inserting all the clauses (1) to (11) of the ..... effect pass an effective judicial order after the judgment in the case. the trial court had not granted the interest pendente lite though such a prayer was made in the plaint but on an application moved under section 152 c.p.c. the interest pendente lite was awarded by correcting the judgment and the decree on the ground that non-awarding .....

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Mar 28 2001 (SC)

Bommaka Nagabhushana Reddy Vs. W. Srinivasa Rao

Court : Supreme Court of India

Decided on : Mar-28-2001

Reported in : 2001(5)ALT31(SC); JT2001(5)SC487; (2002)9SCC664

..... of law arose in the second appeal and, therefore, the high court was not justified in allowing the appeal preferred by the defendant - respondent under section 100 of the code of civil procedure. on the other hand, learned counsel for the respondent has justified the view taken by the high court for allowing the appeal the high court was of the view that ..... 25.10.79. however, the defendant did not send any reply. under such circumstances the plaintiff - appellant filed a suit for specific performance for the sale of the property. the plaint allegations were that the defendant - respondent was allotted a plot in the state government employees co-operative house building society colony in kothapalli village, that the defendant on 29.1 ..... law. a promise to transfer a property is an agreement for sale of a property. the second ground on which the high court has allowed the appeal was that the plaint allegations were contrary to the contents of the agreement for sale. we have looked into the agreement for sale as well as the allegations in the ..... plaint extracted hereinbefore but we do not find any contradiction between the two. we are, therefore, of the opinion that view taken by the high court suffers from serious legal infirmity. .....

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May 29 2001 (FN)

Buckhannon Board and Care Home, Inc. Vs. West Virginia Dept. of Health ...

Court : US Supreme Court

Decided on : May-29-2001

..... 2 the district court sanctioned respondents under federal rule of civil procedure 11 for failing to timely provide notice of the legislative amendment. app. 147. 602 though most courts of appeals recognize the "catalyst theory," 3 the court of appeals for the fourth circuit rejected it in s-l and s-2 v. state ..... party" if it achieves the desired result because the lawsuit brought about a voluntary change in the defendant's conduct. as the fourth circuit had previously rejected the "catalyst theory," the district court denied the motion, and the fourth circuit affirmed. held: the "catalyst theory" is not a permissible basis ..... congress, however, has authorized the award of attorney's fees to the "prevailing party" in numerous statutes in addition to those at issue here, such as the civil rights act of 1964, 78 stat. 259, 42 u. s. c. 2000e5(k), the voting rights act amendments of 1975, 89 stat. 402, 42 u ..... of moving themselves "from situations involving imminent danger, such as fire"); w. va. code of state rules, tit. 87, ser. 1, 14.07(1) (1995) (same). on october 28, 1997, after receiving cease-and-desist orders requiring ..... virginia office of the state fire marshal because some of the residents were incapable of "self-preservation" as defined under state law. see w. va. code 16-5h-1, 16-5h-2 (1998) (requiring that all residents of residential board and care homes be capable of "self-preservation," or capable .....

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