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Showing posts with label right to sue. Show all posts
Showing posts with label right to sue. 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)

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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...
Sunday, 14 June 2020

Supreme Court: Precaution to be taken by court while deciding application for rejection of plaint

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Under Order VII Rule 11 of the Code of Civil Procedure, few lines or passage from the plaint should not be read in isolation and the plead...
Sunday, 8 September 2019

Whether plaint can be rejected if suit is filed on possibility of infringement of right?

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 In the aforesaid background, it is to be held that the plaint does not disclose any cause of action for the relief prayed, that is, a dir...
Friday, 30 August 2019

Factors to be considered by court while allowing legal representative of plaintiff on record

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From the perusal of the impugned order, it is apparent that the learned trial Judge has not even applied mind so as to whether the right to...
Friday, 19 July 2019

Whether right to sue will survive if plaintiff dies during pendency of appeal in defamation suit?

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  Where a suit for defamation is dismissed and the plaintiff has filed an appeal, what the appellant-plaintiff is seeking to enforce in th...
Saturday, 27 April 2019

Whether Injunction decree will survive to legal heirs of deceased plaintiff?

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Therefore, the question in this second appeal is whether the injunction obtained by the plaintiff against the defendants would be rendered...
Sunday, 29 July 2018

How to ascertain limitation for claiming compensation for extra work done?

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Article 18 of the Limitation Act, 1963 provides for tiling of a suit for recovery of money for work done by the Plaintiff, within three ye...
Sunday, 28 January 2018

How to ascertain limitation in case of multiple cause of action?

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While enacting Article 58 of the 1963 Act, the legislature has designedly made a departure from the language of Article 120 of the 1908 Ac...

When cause of action for filing suit for declaration will accrue?

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The suit filed by the original plaintiff is for declaration of ownership and about the Certificate of Sale dated 30.06.1973 in execution p...

Whether it is necessary to file suit for declaration if there is repudiation of a person's title?

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This Article was subject to judicial scrutiny both by the Judicial Committee as well as by the High Court of various States. The leading d...
Wednesday, 30 November 2016

How to ascertain period of limitation if suit is based on multiple cause of action?

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 In Khatri Hotels (P) Ltd. v Union of India (2011 (9) SCC 126) the  Apex Court held that, while enacting Article 58 of the Limitation Ac...
Sunday, 9 October 2016

When right to sue will survive to legal heirs of deceased appellant who is granted probate?

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The argument advanced by learned advocate Mr. Chitale on the question as to the nature of the proceeding namely Second Appeal No. 529 of...
Saturday, 17 September 2016

Whether blanket authority can be given to particular director to institute suit or proceeding?

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The essential requirement of this provision is that the Company which is a juristic person must itself decide to sue. Once that is done,...
Friday, 9 September 2016

When suit seeking true and correct accounts from agent will be barred by limitation?

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As far as prayer (e) is concerned, plaintiff seeks an order and decree against defendant No.1 to render true and correct accounts of i...
Tuesday, 15 January 2013

Whether Daughter has right to sue for partition against other coparceners including her father?

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Section 29A introduced by the Amending Act of 2005 further elaborates the said provision and provides that the daughter of a coparcener ...
Saturday, 13 October 2012

Whether period of limitation can be extended after the claim gets barred by limitation?

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No period of limitation can be extended after the claim gets barred by limitation. A specified period is allowed by law to parties to su...