PARTIAL REJECTION OF PLAINT: ORDER 7 RULE 11 CPC

rejecting order 7 rule 11

It is not permissible to cull out a sentence or a passage and to read it out of the context in isolation. Although it is the substance and not merely the form that has to be looked into, the pleading has to be construed as it stands without addition or subtraction of words or change of its apparent grammatical sense….”

AMENDMENT OF PLAINT WHILE REJECTING UNDER ORDER 7 RULE 11 OF CPC.

rejecting order 7 rule 11

High court held that the trial court was not justified having allowed application for amendment under order 6 rule 17 while the relief for the rejection of plaint has been granted under order 7 rule 11 of CPC . Supreme court ratified the judgment of the High court and held that order of the trial court was not in consonance with law.

CONTEMPT OF COURT

Madhav Prasad Aggarwal v. Axis Bank Ltd rejection of plaint, order 7 rule 11

contempt jurisdiction is a powerful weapon in the hands of the courts of law but that by itself operates as a string of caution and unless, thus, otherwise satisfied beyond reasonable doubt, it would neither be fair nor reasonable for the law courts to exercise jurisdiction under the Act.

WRIT JURISDICTION- Article 32 and 226 of constitution

rupa ashok hurra vs. ashok hurra

Power of supreme court and high court to invoke writ jurisdiction under article 32 and 226 respectively along with landmark judgments.

During the constituent assembly debate Dr. B. R. Ambedkar highlight that one particular of the constitution without which constitution will be nugatory is “Article 32 which is very soul and heart of constitution.

RULES OF INTERPRETATION OF STATUTE: with case laws.

The Judiciary has a principal and substantive function to implement the laws and administer justice which is done with aid of rules of interpretation of statute. A court while performing its function come to certain inferences and deliver verdicts, certainly, this is done by applying the laws which are enacted…..

error: Content is protected !!