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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Sorted by: old Court: allahabad Year: 2001 Page 1 of about 26 results (0.024 seconds)

Dec 05 2001 (HC)

Prem Kumari Sharma Vs. Raj Mani Dubey and ors.

Court : Allahabad

Decided on : Dec-05-2001

Reported in : 2002(1)AWC157

..... rent regarding the same premises. in that suit, the applicant moved an application under order 1. rule 10, c.p.c.. which was rejected by the trial court. therefore, the applicant filed a civil revision no. 399 of 1994. which was allowed by the district judge. allahabad on 1.2.1995 by order, annexure-1 to the ..... small causes court.10. as against this, the learned senior advocate for the respondents has argued that he has not filed that plaint. on the other hand, he has filed a fresh suit on the fresh cause of action. it is contended that first notice was given on 21.4 ..... senior advocate for the revisionist that the suit, thereafter, could have been filed only in the present form. that after taking back the plaint. it should have been presented in the court in the same form, but it was not done and fresh suit was filed in the court of judge, ..... court only. the applications were disposed of by the order, dated 29.11-1995 and after considering the facts, the then trial court ordered that the plaint be returned under section 23 of the provincial small causes court for being presented to the regular court.9. it has been argued by sri ravi kiran jain. ..... the valuation of rs. 25.000 and the valuation of the suit is more than rs. 25,000. another application was moved for return of the plaint under section 23 of the provincial small causes court act for the reason that the suit involved the question of title which could be decided by the regular .....

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Feb 07 2001 (HC)

Moti Lal Vs. Central Bureau of Investigation and anr.

Court : Allahabad

Decided on : Feb-07-2001

Reported in : 2001CriLJ2086

..... a special law, containing provisions for investigation, enquiry, search, seizure, trial and imposition of punishment for offences under fera, section 5 of the code of criminal procedure is not applicable in respect of offences under fera.7. the analysis of the provisions referred to by the learned counsel for the petitioner do ..... for the necessary investigation into the alleged suspected commission of offence under the said act, by the director of enforcement and the provisions of code of criminal procedure will not apply to such investigation by him. after analysing the provisions of fera, it was held as under in para 28 of ..... makes a complete provision for investigation so that it may be treated to be a special act for the purpose of section 5 of code of criminal procedure which may have the effect of excluding the applicability of d.s.p.e. act notwithstanding the notification to that effect having been ..... elaborated his argument by submitting that the wild life (protection) act is a special law and, therefore, it will override the provisions of code of criminal procedure and also the d.s.p.e. act and, consequently, it is only the authority provided under the said act which can investigate the ..... no authority to investigate an offence which is punishable under the wild life (protection) act, 1972 as it is a self-contained code and neither the code of criminal procedure nor the delhi special police establishment act, 1946 (for short d.s.p.e. act) empower investigation of such an offence .....

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Feb 08 2001 (HC)

Committee of Management and ors. Vs. District Inspector of Schools and ...

Court : Allahabad

Decided on : Feb-08-2001

Reported in : (2001)2UPLBEC1314

..... ram goswami from interfering illegally in the affairs of the institution. an application for temporary injunction under order xxxix, rules 1 and 2, cpc was also filed in the said suit in which temporary injunction was granted in favour of the plaintiffs namely the petitioners on 12th may, 2000 by the ..... , as such the present writ petition cannot be dismissed on the ground of tendency of the civil proceedings or on the ground that two writ petitions filed at allahabad have been dismissed, is also to be rejected on the ground that the basic question for determination is the question regarding managing the affairs of ..... of the petitioners to manage the affairs of the institution as being duly elected manager of the committee of management is concerned. a perusal of the plaint and particularly relief clause in the suit leaves no room of doubt that a specific prayer has been made seeking a declaratory decree that the petitioner ..... assistant registrar dated 3.11.1998 as per observations made by the high court in the writ petition filed by the petitioner. a copy of the plaint of the said suit has also been brought on record. in this suit a proper has again been made for grant of declaration to the effect ..... 2000 was filed by the petitioners against smt. mayawati devi, ram kripal pandey and dhani ram goswami, principal of the college, a copy of the plaint filed by the petitioner has been brought on record as annexure c.a.-10 to the counter-affidavit. in this suit the fact that mata din mishra .....

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Feb 12 2001 (HC)

Moreshwar Savey and Etc. Vs. State of U.P. and anr.

Court : Allahabad

Decided on : Feb-12-2001

Reported in : 2001CriLJ1765

..... amongst all the accused persons to accomplish the conspiracy to demolish the disputed structure. he has further submitted that the scheme of the code of criminal procedure contemplates the provision of joint trial as contained in section 223(1)(d), according to which the persons accused of different offences committed ..... on behalf of c.b.i, as it relates to maintainability of the petition under section 482 cr. p.c. against such interlocutory order rejecting the plea of the accused which, if accepted would conclude the proceedings.43. i have given my anxious consideration to the submissions made by the ..... place of worship for muslims and whether an already defiled structure can be defiled again? andissue no, 10 whether it was a dispute of civil nature and has wrongly been shown as a criminal offence?both the above issues are co-related therefore they are being considered together, 85. sri ..... a 'criminal offence', overlooking the position that the 'blameworthy conduct' in the adjudicatory proceedings is established by proof only of the breach of a civil obligation under the act, for which the defaulter is obliged to make amends by payment of the penalty imposed under section 23(1)(a) of ..... was a sacred place of worship for muslims and whether an already defiled structure can be defiled again?10. whether it was a dispute of civil nature and has wrongly been shown as a criminal offence?11. whether actual culprits who had received, injuries while demolishing the disputed structure and .....

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Feb 27 2001 (HC)

J.H.V. Sugar Corporation Ltd. Vs. Chief Controlling Revenue Authority, ...

Court : Allahabad

Decided on : Feb-27-2001

Reported in : 2001(2)AWC1170; (2001)2UPLBEC1140

..... instrument coming before him in the course of any proceeding other than a proceeding under sections 125 to 128 and sections 145 to 148 of the code of criminal procedure. 1973. (b) in the case of a judge of high court, the duty of examining and impounding any instrument under this section may be ..... the act, it would be apparent that the question as to what duty is chargeable on the instrument has to be decided in accordance with the procedure prescribed under section 47a of the act (as applicable to the state of uttar pradesh). the re-determination of the correctness of the market value ..... liable to pay the duty.'the question as to what stamp duty is chargeable on a particular instrument has to be decided in accordance with the procedure prescribed under section 47a of the act. the order passed under section 47a is amenable to revisional jurisdiction conferred on the chief controlling revenue authority under ..... officer has to send the original document to the collector under section 38, clause (2) and, it is only then that the collector can adopt the procedure laid down in section 40. again a reference was made to a full bench decision of andhra pradesh high court in manganti suryanarayana v. board of ..... sent to him under section 38, sub-section (2), not being a receipt or a bill of exchange or promissory note, he shall adopt the following procedure : (a) if he is of opinion that such instrument is duly stamped or is not chargeable with duty, he shall certify byendorsement thereon that it is .....

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Mar 16 2001 (HC)

Shyam Sunder and Others Vs. Firm NaraIn Das Bal Krishna Das and Others

Court : Allahabad

Decided on : Mar-16-2001

Reported in : 2001(2)AWC1180

..... . the issue no. 4 was framed in that suit and it was held that the suit is enlertainable in the revenue court and, therefore, the plaint was returned for presentation to proper court. against that order civil appeal no. 288 of 1968 was filed, in which the suit was again converted into objection under section 47, c.p.c. the objections filed ..... rejected on 30.8.1958 on the ground that identical objectionshave already been rejected. thereafter, the sale was confirmed and the decree holder/purchaser obtained possession on 16.5.1959.4. objections under section 47, c.p.c ..... purchased by decree holder-plaintiff himself.'3. thereafter on 17.4.1958, uma shankar partner of the firm filed objections under order xxi, rule 90. c.p.c. which were rejected in default on 26.7.1958. the judgment debtor again filed objections under order xxi, rule 90, c.p.c. on 30.8.1958 which were ..... 47,. c.p.c. (misc. case no. 108 of 1971 and misc. case no. 113 of 1964) were dismissed by common order on 13.1.1973. against that order two civil appeal nos. 146 of 1973 and 148 of 1973 were filed. the appeals have been dismissed by a common judgment dated 7.2.1974. against that judgments, the present second .....

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Apr 17 2001 (HC)

Mahesh Chauhan Vs. Anil and Others

Court : Allahabad

Decided on : Apr-17-2001

Reported in : 2001(3)AWC1691; (2001)2UPLBEC1277

..... next submission of the learned counsel for the petitioner is that the election petition was not verified by respondent no. 1 and it was liable to be rejected. the election petition was filed along with an affidavit. the district judge has permitted respondent no. 1 to verify the pleadings and the pleadings had been ..... 1955 sc 610, it was held that in absence of enumeration of various paragraphs in the verification clause cannot be considered as a defect so as to reject the election petition. in provabati kunwar v. kaiser kunwar and others. air 1959 cal 642. it was held that a suit cannot and ought not ..... the election petitioner, respondent no. 1 was sworn on 3.7.2000 at delhi much before the presentation of the election petition. the district judge rejected the application on 18.8.2000 on the finding that on the date of the presentation of the election petition, the election petitioner was present in ..... air 1986 all 290. it was contended that the verification in the election petition was defective, as theverification was not done at the foot of the plaint as required under law but at some other page. the court held that it was immaterial whether the verification is made in continuation of the preceding ..... paragraph or on a separate page after the plaint ended. in all india re-porter ltd. v. ramchandra dhondo datar, air 1961 bom 292. the court held that the plaint is to be verified by the plaintiff or one of the plaintiffs or by some .....

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Apr 18 2001 (HC)

Sudha Shankar and Prem Shankar Vs. Jagdish Lal and Others

Court : Allahabad

Decided on : Apr-18-2001

Reported in : 2001(2)AWC1594

..... spin and the parties would swim or sink on/with the orders allowing or disallowing the application under order xi.i. rule 27. code of civil procedure. if the application is rejected, obviously the appellants shall have no case, as concurrent findings of fact have been recorded by (he two courts below that the ..... lal sharma and others, air 1981 sc 1113, in which the high court was criticized as having fallen in error in rejecting the application under order xli, rule 27, code of civil procedure on the narrow ground that there was no proper application or it did not meet the requirement of the situation. it was ..... are formulated for determination so that this second appeal may effectively be decided : (1) whether the provisions of order xli, rule 27 of the code of civil procedure can be invoked to file documents in a second appeal? or, additional evidence is receivable as a result of subsequent developments whichhad taken place on ..... of that case only. in that case, the second appeal arose out of the suit filed for possession of the property as scheduled in the plaint. the suit was decreed by the trial court. the first appellate court confirmed the judgment and decree of the trial court. the second appeal filed ..... rent in respect thereof and thereafter for executing sale deed in respect of the properties in suit as detailed and bounded at the foot of the plaint ; by the defendant nos. 1 and 2 in favour of the plaintiffs after receiving the remaining sum of rs. 13,000 as specified in .....

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Apr 25 2001 (HC)

L.M.L. Ltd. Vs. State of U.P. and Others

Court : Allahabad

Decided on : Apr-25-2001

Reported in : AIR2001All321

..... shall be deemed to bejudicial proceedings within the meaning of sections 193. 219 and 228 of the indian penal code and the commission shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973.17. in exercise of power conferred by section 52 of the act, the commission has framed ..... appropriate manner as the commission may decide inviting applications for grant of licence for transmission or supply of electricity. chapter vi deals with tariff. regulation 121 provides that methodologies and procedures for calculating the expected revenue from charges, and for determining the tariffs, may be provided by the commission from time to time. regulation 123 provides that the commission may ..... (4) to give notice to the licensee that it accepts the licensee's calculation or that it does not consider the licensee's calculation to be in accordance with the procedure given in licence or that it is otherwise incorrect specifying the reasons therefor and proposing modifications or alternative calculations. subsection (6) empowers the commission to determine whether the tariff ..... of the commission. section 18 gives power to the commission to revoke a licence. chapter vii deals with tariff and section 24 therein provides that the licensee shall follow the procedure specified in the regulations in determining tariffs. sub-section (4) of this section cast a duty on a licensee to provide to the commission full details of its calculation .....

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May 08 2001 (HC)

Anatha Ram Vs. Addl. Civil Judge and Others

Court : Allahabad

Decided on : May-08-2001

Reported in : 2001(3)AWC2023

..... co. ltd. v. siyaji mills co., ltd. baroda : air1927all514 , it was held that any irregularity in the signature or verification of the plaint is a mere defect of procedure and cannot be fatal in second appeal when the merits of the case have not been affected. the defect can be cured even at the appellate stage ..... matter is pending in appeal. if the plaint is rejected on the ground that it is not duly verified, it will cause hardship. as noted above, the court can permit a plaintiff even during the ..... counsel. the defect was curable and when the petitioner had asked permission of the court to put his signatures on the plaint and verify it, there was no justification for the court to reject his prayer.7. it may be noted that the evidence had been led by the parlies in the case and the ..... trial court. during the pendency of the appeal, he filed an application that he may be permitted to put his signatures on the plaint and vakalatnama. this application has been rejected by the court by the impugned order dated 21.11.1985.3. the pleading is to be signed in accordance with order vi, rule ..... sudhir narain, j.1. this writ petition is directed against the order dated 21.11.1985 whereby respondent no. 1 rejected the application of the petitioner for putting his signatures on the plaint and vakalatnama.2. the petitioner filed suit no. 32 of 1977 for ejectment of defendant no. 1 and for demolition of construction .....

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