Madhav Prasad Aggarwal vs. Axis Bank Ltd (Rejection of plaint under order 7 rule 11in part)
Whether the plaint can be rejected only against one defendant or it must be rejected as whole?
KUM GEETHA D/O LATE KRISHNA AND OTHERS v/s NANJUNDASWAMY AND OTHERS
What is the correct application of the principle underlying the “rejection of plaint” under order 7 rule 11 of CPC?
Whether the plaint can be rejected in part?
PARTIAL REJECTION OF PLAINT: ORDER 7 RULE 11 CPC
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.
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.
DAHIBEN VS. ARVINDBHAI KALYANJI BHANUSALI (GAJRA) (order 7 rule 11- rejection of plaint)
Remedy under order 7 rule 11 is special and independent remedy and application under the said order should be adjudged at the threshold. The crucial objection under order 7 rule 11 is clause (a) that is no cause of action and clause (d) suit is barred by the law.
CONTEMPT OF COURT
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.
What is State? “ARTICLE 12 OF THE CONSTITUTION”
7 judges constitution bench held that the Article 12 is inclusive but not exhaustive. Court further evaluated a test to ascertain the scope of “other authorities” under Article 12 as follows:
ARTICLE 32 AND 226 OF CONSTITUTION
This is most crucial right among all the fundamental rights guaranteed under part III of the constitution. It confers original and exclusive jurisdiction of the Supreme court, thereby declaring the apex court as custodian of the fundamental rights, additionally this court has no more important function then to preserve the fundamental rights.
RUPA ASHOK HURRA vs. ASHOK HURRA
Whether an aggrieved person is entitled to any relief under article 32 against the final judgment of the apex court after dismissal of review petition?
whether an order passed by this Court can be corrected under its inherent powers after dismissal of the review petition on the ground that it was passed either without jurisdiction or in violation of the principles of natural justice or due to unfair procedure giving scope for bias which resulted in abuse of the process of the court or miscarriage of justice to an aggrieved person.
WRIT JURISDICTION- Article 32 and 226 of constitution
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.