Articles for Rule 11

Governor Has Discretion To Not Consult With Public Service Commission Under Sikkim Government Servants' (Discipline & Appeal) Rules, 1985: Sikkim High Court
5 days, 8 hours ago

Governor Has Discretion To Not Consult With Public Service Commission Under Sikkim Government Servants' (Discipline & Appeal) Rules, 1985: Sikkim High Court

Live Law  

Sikkim High Court: A single judge bench of Justice Bhaskar Raj Pradhan quashed a government order withdrawing retirement benefits of a dismissed government officer. Rule 10 grants the Governor powers to revise the penalties imposed on a government servant, subject to consultation with the Sikkim Public Service Commission when necessary. The government's counsel, led by Mr. Zangpo Sherpa, Additional Advocate …

Benefits Retirement Court Public Service Penalty Public Service Commission Order
Congress MLA Chanda Singh Gaur Moves Supreme Court Against HC's Refusal To Dismiss Election Petition Filed By BJP MP Rahul Singh Lodhi
1 week ago

Congress MLA Chanda Singh Gaur Moves Supreme Court Against HC's Refusal To Dismiss Election Petition Filed By BJP MP Rahul Singh Lodhi

Live Law  

Congress MLA Chanda Singh Gaur has approached the Supreme Court challenging Madhya Pradesh High Court's rejection of her plea under Order 7 Rule 11 CPC to dismiss an election petition filed by BJP MP Rahul Singh Lodhi.A bench of Justices Surya Kant and Ujjal Bhuyan, before whom the case was listed today, has posted it to January, 2025. Congress MLA …

Court Election Case Rahul Bjp Singh Practice
Supreme Court To Hear Krishna Janmabhoomi-Shahi Idgah Cases On December 9
3 weeks, 4 days ago

Supreme Court To Hear Krishna Janmabhoomi-Shahi Idgah Cases On December 9

Live Law  

The Supreme Court posted a batch of petitions relating to the Krishna Janmabhoomi- Shahi Idgah dispute to December 9, at 2 PM. The present intra-court appeal in question is with regards the August 1 order of the Allahabad High Court which dismissed the plea of Shahi Idgah Masjid filed under Order 7 Rule 11 CPC. Two of these were filed …

Supreme Court Court Order High Issue Cpc Filed
Election Petition Should Not Be Rejected At Threshold Where There Is “Substantial Compliance” Of RP Act Provisions: Supreme Court
3 months, 1 week ago

Election Petition Should Not Be Rejected At Threshold Where There Is “Substantial Compliance” Of RP Act Provisions: Supreme Court

Live Law  

In a setback to Manipur BJP MLA Kimneo Haokip Hanghing, the Supreme Court yesterday refused to allow her petition seeking rejection of the Election Petition under Order 7 Rule 11 Civil Procedure Code pending against her before the Manipur High Court. Reference was made to the decision of Thangjam Arunkumar vs Yumkham Erabot Singh, 2023 LiveLaw 705 where the Court …

Supreme Court Compliance Election Order Respondent Bjp Singh
Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]
5 months, 3 weeks ago

Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]

Live Law  

The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. Ltd. v. Vinita Mehta, 2022 LiveLaw 564 : 7 SCC 678 Section 96, 105 and Order IX Rule 13 - The appellant, while challenging ex parte decree by filing an appeal, can always point …

India Delhi Supreme Court High Court Judgment Procedure Court
Krishna Janmabhumi Dispute | Allahabad HC Reserves Verdict On Masjid Committee's Plea Challenging Maintainability Of 18 Suits
6 months, 2 weeks ago

Krishna Janmabhumi Dispute | Allahabad HC Reserves Verdict On Masjid Committee's Plea Challenging Maintainability Of 18 Suits

Live Law  

The Allahabad High Court on Thursday concluded the hearing and reserved its verdict on an application filed by Shahi Idgah Masjid challenging the maintainability of 18 suits filed by the deity and the Hindu parties concerning Mathura's Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute.Though the Court reserved its verdict in the matter in the open court after. The Allahabad High Court …

Dispute Property Court Verdict Application Limitation Act Hindu
Krishna Janmabhoomi-Shahi Eidgah dispute: HC reserves order on Muslim side’s plea challenging maintainability of suits
6 months, 3 weeks ago

Krishna Janmabhoomi-Shahi Eidgah dispute: HC reserves order on Muslim side’s plea challenging maintainability of suits

Hindustan Times  

The Allahabad high court on Friday reserved its order on an application filed by the Muslim side challenging the maintainability of suits in the Krishna Janmabhoomi- Shahi Eidgah dispute in Mathura. A view of the Krishna Janmasthan Temple Complex and Shahi Eidgah Mosque, in Mathura The high court is hearing 18 consolidated suits filed by the Hindu side seeking possession …

Court Order Hindu Muslim Suit Shahi Krishna
The Complete Supreme Court Annual Digest- 2023 [Part-III]
8 months, 2 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-III]

Live Law  

Citizenship The Supreme Court sets aside the ex-parte order of the Foreigners Tribunal which declared a woman non-indian. Pramod Sinha v. Suresh Singh Chauhan, 2023 LiveLaw 596 Section 33 - Judgment and decree Code of Civil Procedure, 1908; Section 33, Order XX Rule 4, 5; Order XLI Rule 23, 23A, 24 and 25 - Remand - High Court passed order …

India Odisha Delhi Supreme Court High Court Bihar Constitution
The Complete Supreme Court Civil Digest 2023
9 months, 1 week ago

The Complete Supreme Court Civil Digest 2023

Live Law  

Abortion Foetus has no separate identity from its mother; Women can't be forced to undergo pregnancy at risk of physical and mental trauma. Indira Jaising v. Supreme Court of India, 2023 LiveLaw 425 : AIR 2023 SC 3009 : 8 SCC 1 Supreme Court Constitution Bench upholds the validity of All India Bar Examination - Recongizes the right of Bar …

India Kerala Delhi Supreme Court High Court Arbitration Constitution
Section 8 Of A& C Act Is Compiled On Filing Application Under O. 7 Rule 11, Informing About Arbitration Clause: Telangana High Court
10 months, 1 week ago

Section 8 Of A& C Act Is Compiled On Filing Application Under O. 7 Rule 11, Informing About Arbitration Clause: Telangana High Court

Live Law  

The Telangana High Court single bench of Justice Alok Aradhe held that the requirement under Section 8 of the Arbitration and Conciliation Act, 1996 to inform the court regarding the existence of an arbitration clause is fulfilled when a party files an application for rejection of plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 in …

Arbitration Court Application Order Applicant Agreement High
DRT | Rejection Of Application Under Order 7 Rule 11 Will Not Operate As Res Judicata On Deciding Issue Of Limitation: Allahabad High Court
10 months, 1 week ago

DRT | Rejection Of Application Under Order 7 Rule 11 Will Not Operate As Res Judicata On Deciding Issue Of Limitation: Allahabad High Court

Live Law  

The Allahabad High Court has held that rejection of application under Order VII Rule 11 of the Civil Procedure Code will not operate as res judicata on deciding issue of limitation raised at the time of final hearing. will not operate as res judicata.” The Court reiterated that for deciding an application under Order VII Rule 11 of CPC, the …

Law Supreme Court Court Application Res Judicata Order Limitation
S.326(1) UP Municipalities Act | Notice To Municipality Not Mandatory If It Will Defeat Purpose Of Injunction Suit: Allahabad High Court
10 months, 2 weeks ago

S.326(1) UP Municipalities Act | Notice To Municipality Not Mandatory If It Will Defeat Purpose Of Injunction Suit: Allahabad High Court

Live Law  

The Allahabad High Court has upheld the rejection of anapplication under Order 7 Rule 11 CPC on grounds that notice under Section 326 of the U.P. Municipalities Act, 1916 dilutes the requirement of notice under Section 326 in cases where the only relief sought in a suit is injunction. Municipalities Act, 1916, notice is to be given before instituting suits …

Court Order High Notice Suit Cpc Act
Supreme Court Monthly Round-Up: December 2023
11 months, 3 weeks ago

Supreme Court Monthly Round-Up: December 2023

Live Law  

Citations: 2023 LiveLaw 1026 To 2023 LiveLaw 1071 Dr. Premchandran Keezhoth v The Chancellor Kannur University 2023 LiveLaw 1025 Pavnesh Kumar v. Union of India 2023 LiveLaw 1026 Manoranjan Rout v. State of Odisha 2023 LiveLaw 1028 Madhavan Through Lrs. Governor As A Chancellor Of A State University Must Act Independently And Not On Aid & Advice Of Council Of …

Social Media India Justice Tamil Nadu Kerala Delhi Supreme Court
Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)
11 months, 3 weeks ago

Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)

Live Law  

Code of Civil Procedure, 1908 – Civil Trial - Fixing of the date of trial shall be in consultation with the learned advocates appearing for the parties to enable them to adjust their calendar. Pradeep Mehra v. Harijivan J. Jethwa, 2023 LiveLaw 936 : 2023 INSC 958 Code of Civil Procedure, 1908; Section 47 read with Order XXI - Executing …

India Supreme Court High Court Procedure Court Civil States
Yearly Digest Of IBC Cases: 2023
11 months, 3 weeks ago

Yearly Digest Of IBC Cases: 2023

Live Law  

Supreme Court “Inappropriate, Almost Bordering On Contempt”: SC Deprecates NCLAT Order Impeding Implementation Of SC Order Case Title: Indiabulls Housing Finance Ltd. v Iirf India Realty Xii Ltd. & Ors. 1125 of 2022 The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan and Shri Barun Mitra, has directed the liquidation of the Corporate Debtor, M/s Ajanta …

India Justice Supreme Court Court Resolution Gratuity Chief Justice
Supreme Court Complete Half Yearly Digest 2023
11 months, 4 weeks ago

Supreme Court Complete Half Yearly Digest 2023

Live Law  

A Access to Justice Fundamental right of Access to Justice - Abolition of OAT does not violate right of access to justice as cases will be heard by High Court - The fundamental right of access to justice is no doubt a crucial and indispensable right under the Constitution of India. Animal Welfare Board of India v. Union of India, …

India Odisha Kerala Delhi Supreme Court High Court Bihar
GI Act, 1999 | Registered Proprietor Can Sue For Infringement Of GI Independently From Authorised User: Madhya Pradesh High Court
11 months, 4 weeks ago

GI Act, 1999 | Registered Proprietor Can Sue For Infringement Of GI Independently From Authorised User: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court in a recent decision clarified that to file a suit for infringement under Section 21 of the GI Act, the Registered Proprietor need not implead the Authorised User as a necessary party. On the principles of ubi jus ibi remedium, viz., if there is a right, there is a remedy, therefore, RP would also have …

Trial Court Order Held Suit Registered Cpc
Companies Act | NCLT Permits 'Change' In Utilization Of Share Capital Reduction Amount By Invoking Powers Under Rule 11 Of NCLT Rules
1 year ago

Companies Act | NCLT Permits 'Change' In Utilization Of Share Capital Reduction Amount By Invoking Powers Under Rule 11 Of NCLT Rules

Live Law  

The National Company Law Tribunal, Chennai Bench, comprising of Shri Sanjiv Jain and Shri Ravichandran Ramasamy, while invoking its powers under Rule 11 of the NCLT Rules, 2016 has permitted a company to 'change' the utilization of its reduced share capital amount by altering the amounts to be adjusted towards Negative Capital Reserves and the amounts returnable to Shareholders. Thereafter, …

Application Company Share Nclt Bench Rule Reduced
Order VII Rule 11 CPC - No Evidence Or Merits Of Controversy Can Be Examined While Deciding Rejection Of Plaint : Supreme Court
1 year ago

Order VII Rule 11 CPC - No Evidence Or Merits Of Controversy Can Be Examined While Deciding Rejection Of Plaint : Supreme Court

Live Law  

Recently, the Supreme Court held that no amount of evidence or merits of the controversy could be examined at the stage of deciding rejection of a plaint application under Order VII Rule 11 of the Code of Civil Procedure, 1908. In this case, the Court opined that only the averments in the plaint would be relevant for invoking clause of …

Supreme Court Evidence Court Specific Performance Order Rejection Respondent
Election Petitions | SDO Exercises Powers Of ‘Civil Court’, Verification Of Pleadings By Oath Commissioner Not Incurable Defect: MP High Court
1 year ago

Election Petitions | SDO Exercises Powers Of ‘Civil Court’, Verification Of Pleadings By Oath Commissioner Not Incurable Defect: MP High Court

Live Law  

The Madhya Pradesh High Court has recently held that a Gazetted officer such as the Sub-Divisional Officer, under the Election Petition Rules, 1995, exercises the functions of a ‘civil court’. The bench held that verification of pleadings by an Oath Commissioner would ‘not at all be a defect or is a curable defect’ as per Rule 11 of Election Petitions …

High Court Court Civil Election Verification Civil Procedure Petitions
Mutually Destructive Pleas No Ground To Reject Plaint Under Order 7 Rule 11 CPC: Telangana High Court
1 year, 1 month ago

Mutually Destructive Pleas No Ground To Reject Plaint Under Order 7 Rule 11 CPC: Telangana High Court

Live Law  

The Telangana High Court has held that a plaint cannot be rejected on the ground that inconsistent and mutually destructive pleas were sought. "Therefore, the contention that adverse possession cannot be claimed on the basis of an agreement of sale, since they are inconsistent or mutually destructive pleas, cannot be a ground to reject the plaint under Order 7 Rule …

Court Possession Respondents Petitioner Plaint Order 7 Rule Order 7 Rule 11
Supreme Court Monthly Round-Up [October 2023]
1 year, 1 month ago

Supreme Court Monthly Round-Up [October 2023]

Live Law  

Nominal Index Pankaj Bansal v. Union of India, Basant Bansal v. Union of India 2023 LiveLaw 844 Aditya Khaitan & Ors. GEETHA, D/O LATE KRISHNA v. NANJUNDASWAMY 2023 LiveLaw 940 Anjali Bhardwaj & Ors v. Union of India 2023 LiveLaw 942 Manish Sisodia v. Central Bureau of Investigation 2023 LiveLaw 944 Judgments/Orders Mere Non-Cooperation To ED Summons Not A Ground …

India Rajasthan Justice Tamil Nadu Family Planning Delhi Disciplinary Proceedings
Plaint Cannot Be Rejected In Part Under Order VII Rule 11 Of CPC: Supreme Court
1 year, 1 month ago

Plaint Cannot Be Rejected In Part Under Order VII Rule 11 Of CPC: Supreme Court

Live Law  

The Supreme Court on Tuesday held that a plaint cannot be rejected in part under Order VII Rule 11 of the Code of Civil Procedure, 1908. The Court also reiterated that when a plaint does not disclose a cause of action, it is liable to be rejected under Order VII Rule 11. However, the High Court allowed the application under …

Supreme Court Court Order Schedule High Cpc Rule
Commercial Courts Should Examine If Plea For Urgent Interim Relief Is A Disguise To Circumvent Pre-litigation Mediation Under S.12A : Supreme Court
1 year, 2 months ago

Commercial Courts Should Examine If Plea For Urgent Interim Relief Is A Disguise To Circumvent Pre-litigation Mediation Under S.12A : Supreme Court

Live Law  

While reiterating the mandatory nature of Section 12A of the Commercial Suits Act, which mandates pre-litigation mediation unless the suit contemplates urgent relief, the Supreme Court stated that plaintiff has no absolute choice to avoid pre-litigation mediation by merely making a prayer for urgent interim relief.The Commercial Court should examine that the prayer for urgent interim relief. While reiterating the …

Supreme Court Mediation Commercial Relief Urgent Suit Act