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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Sorted by: recent Court: allahabad Year: 2001 Page 1 of about 26 results (0.112 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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Dec 13 2001 (HC)

In Re: Khaitan Overseas and Finance Ltd.

Court : Allahabad

Decided on : Dec-13-2001

Reported in : (2002)1CompLJ274(All)

..... that the power itself is lacking, the question for going into the aspect of proviso to rule 21 did not arise and the petition was, accordingly, rejected. 7.the patna high court in boc india ltd.'s case (supra), held that individual directors have been vested with only such powers as are vested ..... abode of the deponent. it shall be signed by the deponent and sworn to in the manner prescribed by the code or by the rules and practice of the court. order xix of the civil procedure code was amended by the allahabad high court amendments, by inserting rules 4 to 15, providing for requirements of an affidavit ..... proceeding against the aforesaid companies or any of them for recovery of the amounts that may become due or payable to us; and also to affirm plaints, affidavits and other pleadings that may be necessary and as our said attorney may think fit and proper and to engage solicitors, advocates, pleaders and ..... defined in law lexicon as under : law suit suit instituted in a law court. an action at law; litigation. an action or a proceeding in a civil court. 11. a suit, thus, amounts to legal proceedings initiated for any actionable claim, in the court of law. the question whether winding up proceedings will ..... action or cause instituted or depending between two private persons in the court of law. a suit at law or in equity; an action or proceeding in a civil court; a process in law instituted by one party to compel another to do him justice. shepherd v. standard motor co. 263 ky. 329, 92 s .....

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Oct 17 2001 (HC)

Dhan Ji Ahir and ors. Vs. State of U.P.

Court : Allahabad

Decided on : Oct-17-2001

Reported in : 2002CriLJ1853

..... was evenly balanced. in such a situation the rule of prudence requires the court to examine and scrutinize the evidence with care and caution but there is no law to reject the evidence of the prosecution witnesses merely on the ground of their being partisan.19. in this case prosecution produced three witnesses to depose with regard to the assault made ..... those who have been acquitted. as far as this submission of learned counsel is corcerned it is now well settled that consistent evidence of eye witnesses is not liable to rejection merely on the ground that their evidence has not been accepted with regard to some acquitted accused persons. the maxim falsus in uno falsus in omnibus is neither a sound .....

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Oct 16 2001 (HC)

Committee of Management, S.D.P.G. College, Muzaffarnagar and ors. Vs. ...

Court : Allahabad

Decided on : Oct-16-2001

Reported in : 2001(4)AWC3194; (2002)1UPLBEC636

..... to the said suit and the suit has not been filed even with the prior notice as contemplated under order xxxix, rule 3 of the code of civil procedure. the petitioners have relied upon the division bench decision of this court in committee of management of ambika pratap narain degree college, basti and anr ..... div.) muzaffarnagar entertaining the suit filed on behalf of the respondents and granting ex parte injunction order under order xxxix, rule 2, code of civil procedure. this order is challenged by the petitioners, inter alia, on the grounds that according to the relief claimed in the writ petition ..... there is no bar to this court entertaining this writ petition and the writ petition is, therefore, entertained and the objections of the respondents are rejected. further the fact in support of the petitioners' arguments that vice-chancellor has already invited both the petitioners as well as the respondents to appear ..... out of which the impugned order in the present writ petition was passed. the reliefs sought for in the suit clearly show from the perusal of plaint, which is annexed as annexure-15 to the writ petition, that it is in effect of the order dated august 1, 2001, annexure-13 to ..... not validly instituted, the petitioners should not have rushed up to this court but in case they feel aggrieved, they should have gone before the civil court, either for the recall of the order of injunction impugned in the present writ petition, or may approach the appellate court. it is contended .....

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Sep 27 2001 (HC)

Raghuvir Singh Bhatty Vs. Ram Chandra Waman Subhedar

Court : Allahabad

Decided on : Sep-27-2001

Reported in : 2001(4)AWC3140

..... be taken note of. these are lachmeshwar v. keshwar lal and ramesh kumar v. kesho ram : air1992sc700 . shri ravi kant, on the other hand, contends that on account of the rejection of the permission on 1.2.1985 and the land having been declared surplus, the contract stood frustrated. he relies upon the decision of the apex court in k. narendra ..... . but nothing of the kind was done by the plaintiff. in the meantime, the prices of property had sharply escalated. the plaintiff was conscious of this fact and in the plaint, he charged the defendant for having avoided to execute the sale deed on account of escalation of the price. the defendant too in his written statement though denying this to .....

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Sep 12 2001 (HC)

Vidya Singh Vs. Programme Support Unit Foundation and anr.

Court : Allahabad

Decided on : Sep-12-2001

Reported in : 2001(4)AWC2916

..... criminal case and as such, no order for their attachment could be passed. it is this order, which has been challenged in civil revision no. 455 of 2001. after the rejection of her application, a review application was filed by the applicant on the ground that in the application for attachment, certain movable ..... submits that in view of the amendment application, there remains no controversy about the maintainability of the suit. secondly, he submits that even on the plaint as it stands, the suit is maintainable in the judge small causes court. the amendment application was made after the impugned orders were passed and ..... clause. the plaintiff has sought a decree for rent and damages. no relief for ejectment has been sought nor is there any averment in the plaint that the tenancy of opposite party-defendant has been determined.17. shri s.n. srivastava, learned counsel for the applicant refers to two supplementary ..... its employees apart from rent, etc., due to the applicant. the plaintiff says that apart from moveable properties, which have been mentioned in the plaint in varanasi and at the head office of the opposite party at lucknow, there is no other property available with the opposite party to clear ..... 10. i will now examine some of the other provisions of the code. section 136(1), c.p.c. specifically provides for attachment of property outside the local limits of the court's jurisdiction. it reads thus :'136. procedure where person to be arrested or property to be attached is outside .....

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Sep 10 2001 (HC)

Jai Singh Vs. Iind Addl. District Judge, Muzaffarnagar and ors.

Court : Allahabad

Decided on : Sep-10-2001

Reported in : 2001(4)AWC2826

..... deed in respect of agricultural holding is for securing of his rights and interests by the plaintiff in that land, then to say any plaint presented before the civil court based on a cause of action on which relief for cancellation could be obtained is a facade or camouflage, would amount to defeating ..... 1) except as provided by or under this act no court other than a court mentioned in column 4 of schedule ii shall, notwithstanding anything containedin the civil procedure code, 1908 take cognizance of any suit, application, or proceedings mentioned in column 3 thereof (or a suit, application or proceedings based on a cause of ..... in support of the contention that in the event the plaintiff is not recorded in revenue papers and the allegations in the plaint leads the documents to be void then the civil court has no jurisdiction to try the suit.9. learned counsel for respondents in support of the submission that the suit for ..... recorded. the diversion of the opinion appears to be only in the cases where the deed sought to be cancelled on the allegations made in the plaint appears to be void and if the plaintiff is not recorded in the revenue papers. if the plaintiff is recorded in the revenue papers, then ..... 1993 awc 1695, given by hon. s. k. phaujdar, j. the ratio of the aforesaid cases appears to be that if the document claimed in the plaint to be void, and the plaintiff is not recorded in the revenue papers, the main relief appears to be of declaration to the rights and, therefore, .....

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Sep 06 2001 (HC)

Radhey Shyam and Etc. Vs. State of U.P.

Court : Allahabad

Decided on : Sep-06-2001

Reported in : 2002CriLJ1227

..... passed by vii additional sessions judge, ghaziabad are set aside. the two appellants radhey shyam and balbeer singh are held not guilty of the offence punishable under section 302, ipc read with section 34, ipc and also under section 381, ipc. they are acquitted of the same. they are in jail and shall be released forthwith if not wanted in any other case. ..... dated 9-11-1981 passed by sri n.p. verma, vii addl. sessions judge, ghaziabad, thereby convicting appellants balbeer singh and radhey shyam for the offence punishable under section 302, ipc read with section 34, ipc and sentencing them to undergo imprisonment for life. the two appellants were further held guilty for the offence punishable under section 381 ..... , ipc and were sentenced to undergo imprisonment for three years r.i. both the sentences were directed to run concurrently. since the two appeals arise out of the same judgment and .....

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Jul 19 2001 (HC)

Parmanand (Dead) Through L.Rs. Vs. Prescribed Authority (Munsif City), ...

Court : Allahabad

Decided on : Jul-19-2001

Reported in : 2001(3)AWC2302

..... of action.11. learned counsel for the petitioner further invited the attention of the court to the provisions of order xxiii. rule 2 of the code of civil procedure which is re-produced below :'any fresh suit instituted on permission granted under the last preceding rule, the plaintiff shall be bound by the law ..... that the same has been rendered un-executable and inoperative in view of applications for granting permission to file eviction suits against all remaining tenants having been rejected finally. the prescribed authority by the order dated 24.9.1981 allowed the said application of the landlords. this order of the prescribed authority has ..... 4.1976 landlord filed an application for eviction of tenant smt. saigal under section 43 (2) (rr) of the new act. the said application was rejected by the prescribed authority and the appeal was also dismissed by the district judge by the order dated 21.5.1981. against the said order. writ petition ..... reference made under section 7f was allowed by the state government on 27.6.1961 and the application of the landlord for filing suit for eviction was rejected. on the basis of permission granted by r.c.e.o. on 23.4.1960 the landlord instituted a regular suit no. 1654 of 1961 ..... fresh suit was also not maintainable as none of the ingredients of sub-section (2) of section 20 of the new act was pleaded in the plaint and as such, the suit which was filed after the commencement of the new act was itself barred by the provisions of subsection (1) of .....

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Jul 06 2001 (HC)

Krishna Mohan and Another Vs. Balkrishna Chaturvedi (Dead) Through L.R ...

Court : Allahabad

Decided on : Jul-06-2001

Reported in : AIR2001All334

..... the above execution case smt. ram kail for herself and as guardian of the appellants filed objection under order xxi, rule 90. c.p.c. which was rejected on 4.3.1967. thereafter the mother of the appellants did not file any declaratory suit, therefore, the suit filed by appellants was barred and not maintainable ..... was constructed by their father ram avtar and he was in possession over it till his life time. the open land shown with green colour in the plaint map was appurtenant to the said house and was being used by their father for the purpose of 'sehan' for tethering cattle, preparing cow dung cakes ..... 1982 are allowed and second appeal nos. 2214 of 1982 and 2830 of 1982 are dismissed, accordingly the judgment and decree of lower appellate court in civil appeal nos. 45 of 1979 and 46 of 1979 are set aside and the judgment and decree of trial court partly decreeing suit no. 91 of ..... grounds which they had taken in their suit no. 91 of 1968 and raising further pleas of nonjoinder and limitation etc.6. the trial court [additional civil judge) framed necessary issues in both the suits, separately but consolidated the above suits and decided the same by a common judgment. on considering the evidence ..... been filed against the judgment and decree dated 13.5.1982 passed by sri k. c. bhargava, the then learned 1st additional district judge, allahabad in civil appeal no. 46 of 1979, 45 of 1979, 642 of 1979 and 571 of 1979 respectively which were decided by a common judgment.2. krishna mohan .....

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