Pages
(Move to ...)
Home
Law Web Search Engine
Privacy Policy - Law Web
Disclaimer
Terms of Use
▼
Showing posts with label
Rejection of plaint
.
Show all posts
Showing posts with label
Rejection of plaint
.
Show all posts
Saturday, 30 May 2026
Bar to Sue vs Suit Barred by Law: Supreme Court Clarifies Why Order II Rule 2 Cannot Be Used to Reject a Plaint under Order VII Rule 11(d)
›
S. Valliammai and Ors. Vs. S. Ramanathan and Ors. Hon'ble Judges/Coram: B.V. Nagarathna and Ujjal Bhuyan, JJ. Author: B.V. Nagarathna, J...
Supreme Court: Plaint Can't Be Rejected Under Order VII Rule 11 of CPC as Barred Under Order II Rule 2 CPC
›
5.21. We think that in a case where Order II Rule 2 of the Code applies, there is no legal bar to filing a suit but the reliefs sought for o...
Sunday, 24 May 2026
Supreme Court: A fresh application seeking a rejection of a plaint, having the same substantive issue, is not maintainable despite being filed by a different applicant.
›
The High Court, in the impugned order, sought to avoid the application of res judicata on the ground that the first application was filed by...
Sunday, 10 May 2026
Rejecting Benami Claims at the Threshold: Supreme Court’s 08.05.2026 Order VII Rule 11 Judgment Critically Examined
›
Executive overview In its judgment MANJULA AND OTHERS Vs D.A. SRINIVAS 2026 INSC 465 dated 8 May 2026, the Supreme Court has ...
Supreme Court: A plaintiff arraigned as the principal accused in the murder of a testator is prima facie disqualified from claiming succession rights under that testator's Will
›
25.5. Section 25 of the Hindu Succession Act provides that a person who commits murder or abets the commission of murder shall be disquali...
Sunday, 12 October 2025
Allahabad HC: Ordinary residence of child for the purpose of S 9 of Guardian and wards Act is mixed question of law and fact and it can not be decided in application for rejection of plaint
›
In the instant case, the factum of 'ordinary residence' of the minor is a disputed question of fact and thus, the question whether ...
Punjab & Haryana HC: Jurisdiction of district court under S 9 of guardian and wards Act is mixed question of law and fact
›
It is evident from a bare reading of the above that the solitary test for determining the jurisdiction of the court under Section 9 of the ...
Saturday, 28 June 2025
Supreme court: Courts Must Notify Income Tax Dept. Of Rs. 2 Lakh And Above Cash Transaction Claims In Suits
›
However, when the Bill was passed, the permissible limit was capped under Rupees Two Lakhs, instead of the proposed Rupees Three Lakhs. When...
Supreme Court Reinforces Property Law Principles: Agreement to Sell Cannot Create Rights Against Third Parties
›
The Supreme Court of India's recent judgment in The Correspondence, RBANMS Educational Institution v. B. Gunashekar & Ors. (Civil...
Monday, 2 June 2025
Supreme Court: No Temporary Injunction Can Be Granted In Appeal Against Rejection Of Plaint
›
Having heard learned counsel for the appellant and learned senior counsel for the respondent, we observe that in a case where an appeal is ...
Monday, 10 February 2025
Gujarat HC: Composite petition for nullity of marriage and in the alternative for dissolution of marriage by a decree of divorce is maintainable
›
4.5 The petition for nullity of marriage is neither contrary nor inconsistent and the same can be entertained by the Court. The learned Fami...
Sunday, 26 January 2025
Supreme Court: Order II Rule 2 CPC Doesn't Mean Different Causes Of Action From Same Transaction Must Be Included In Single Suit
›
In S. Nazeer Ahmed v. State Bank of Mysore and Ors. reported in MANU/SC/7017/2007 : 2007:INSC:34 : (2007) 11 SCC 75, this Court categoric...
Supreme Court: Defendant must file pleadings of previous suit to prove the identity of the cause of action in the two suits so as to bar second suit as per O 2 R 2 of CPC
›
In order that a plea of a Bar Under Order 2 Rule 2(3) of the Code of Civil Procedure should succeed the Defendant who raises the plea must m...
Supreme Court: Whether plaintiff will be barred to file second suit on the cause of action if he was not entitled to said relief at the time of filing of first suit?
›
V. The "entitlement to" along with the "availability of" the relief as a requisite in determining the applicability of O...
Saturday, 25 January 2025
Supreme Court: Plaint With Multiple Reliefs Cannot Be Rejected under O 7 R 11 of CPC Just Because Some Reliefs Are Barred
›
Even if we would have been persuaded to take the view that the third relief is barred by Section 17(3) of the SARFAESI Act, still the plaint...
Sunday, 19 January 2025
Bombay HC: Whether the court deciding application for rejection of plaint is expected to verify whether facts showing cause of action are correct or not?
›
Cause of action 12. There are two aspects :- (a) Certain facts are pleaded which suggest cause of action. (b) Facts may not be correct. 13. ...
Whether the court can direct striking out of pleading if suit is partly not maintainable?
›
We are afraid that this is a misreading of the Madras High Court judgment. It was only on the peculiar facts of that case that want of Secti...
Sunday, 22 September 2024
Delhi HC: ๐๐ผ๐๐ป๐๐ฒ๐ฟ ๐๐น๐ฎ๐ถ๐บ๐ ๐ถ๐ป ๐ฎ ๐ฐ๐ผ๐บ๐บ๐ฒ๐ฟ๐ฐ๐ถ๐ฎ๐น ๐๐๐ถ๐ ๐ฐ๐ฎ๐ป ๐ฏ๐ฒ ๐ฟ๐ฒ๐ท๐ฒ๐ฐ๐๐ฒ๐ฑ ๐ณ๐ผ๐ฟ ๐ป๐ผ๐ป-๐ฐ๐ผ๐บ๐ฝ๐น๐ถ๐ฎ๐ป๐ฐ๐ฒ ๐ผ๐ณ ๐ฝ๐ฟ๐ฒ-๐น๐ถ๐๐ถ๐ด๐ฎ๐๐ถ๐ผ๐ป ๐บ๐ฒ๐ฑ๐ถ๐ฎ๐๐ถ๐ผ๐ป ๐ฝ๐ฟ๐ผ๐ฐ๐ฒ๐ฒ๐ฑ๐ถ๐ป๐ด๐
›
In view of above said discussion, it clearly emerges out that process of pre-institution mediation is mandatory for every suit involving a ...
Sunday, 21 July 2024
Supreme Court: Plaint is liable to be rejected if there is violation of S 12-A of The Commercial courts Act for Pre-institution mediation
›
The seminal question which arises for consideration is whether the statutory pre-litigation mediation contemplated Under Section 12A of the...
Tuesday, 2 January 2024
Under which circumstances the court can decide a suit on merit if any party fails to adduce further evidence?
›
The power conferred on Courts Under Rule 3 of Order 17 of the Code of Civil Procedure to decide the suit on the merits for the default of ...
›
Home
View web version