CiteTEXT
..., reference has been made to Millington v. Loring (1880) 6 QBD 190 wherein it was held:“A pleading is said to be ‘...material to the issue is not a scandalous pleading.”33. In Baradakanta Mishra v. Orissa High...the said statement. We also accept the undertaking to the Court given by the respondent in the said statement. Having regard to the aforesaid, the contempt notice is discharged. There will be no o...
...Millington v. Loring, (1880) 6 QBD 190, where the word 'scandalous' has been explained as under: "A pleading is said to be 'scandalous' if it alleges anything unbecoming the dign...hear or is contrary to good manners or which charges a crime immaterial to the issue. But the statement of a scandalous fact that is material to the issue is not ...anything which is unbecoming the dignity of the Court to hear, or is contrary to decency or good manners, or which charges some person with a crime not necessary to be shown in the cause,...
...’ has been explained as under:“A pleading is said to be ‘scandalous’ if it alleges anything unbecoming the dignity of the court to hear or is contrary ...crime immaterial to the issue. But the statement of a scandalous fact that is material to the issue is not a scandalous pleading.”11. In ...moral character of an individual, is also scandalous. The matter alleged, however, must be not only offensive, but also irrelevant to the cause, for however, offensive it be, if it is pertinent an...
...pleading is said to be 'scandalous' if it alleges anything unbecoming the dignity of the court to hear or is contrary to good manners or which charges a crime i...scandalous fact that is material to the issue is not a scandalous pleading."
12. In Narmada Bachao Andolan Vs...scandalous. The matter alleged, however, must be not only offensive, but also irrelevant to the cause, for however, offensive it be, if it is pertinent and material to the cause the party has ...
...not merely to further the ends of justice renders the said pleading vexatious. A pleading is said to be scandalous, if it alleges anything unbecoming the dignit...be struck out or amend any matter in any pleading, which may be unnecessary, scandalous, frivolous or vexatious, which may tend to prejudice, embarrass or delay the fair trial of the suit or which ...- (a) which may be unnecessary, scandalous, frivolous or vexatious, or (b) which may tend to prejudice, embarrass or delay the fair trial of the suit, or (c) which is otherwise an abuse of the process...
...suppress such indecencies, which may stain the reputation and would the feelings of the parties and their relatives and friends. However, one must always remember that nothing can be scandalous which is relevant. If the fac...proceedings order to be struck out or amended any matter in any pleading--(a) which may be unnecessary, scandalous, frivolous, vexatious or(b) which may tend ...pleading has to be read and not a sentence or a word in isolation. To determine the relevancy, one must consider the nature of the suit and whether any relief is sought in respect of the ...
...scandalous which is relevant. If the facts pleaded are relevant and necessary, no objection on the count of being scandalous can be accepted.
42. In P Ramanatha Aiyar's Law Lexicon, The Encyclopae...of the pleading has to be read and not a sentence or a word in isolation. To determine the relevancy, one must consider the nature of the suit and whether any relief is sought in respect ...to the issue is not a scandalous pleading. (Millington v. Loring, 50 LJ QB 214 ; 6 QBD 190).
Of the nature of a scandal, containing defamatory...
.... Loring (1880) 6 QBD 190, where the word 'scandalous' has been explained as under: " A pleading is said to be 'scandalous' if it alleges anything unbecoming the dignity of the c...contrary to good manners or which charges a crime immaterial to the issue. But the statement of a scandalous fact that is material to the issue is not a ...is made. The order issuing notice or not is only a step follow or succeeded to such initiation. The limitation for contempt has to be seen when the contempt is said to h...
...) 6 QBD 190, where the word 'scandalous' has been explained as under: "A pleading is said to be 'scandalous' if it alleges anything unbecoming the dignity of the court ...manners or which charges a crime immaterial to the issue. But the statement of a scandalous fact that is material to the issue is not a scandalous pleading." ...it is pertinent and material to the cause the party has a right to plead it. It may often be necessary to charge false representations, fraud and immorality, and the pleading will not ...
...:“A pleading is said to be ‘scandalous’ if it alleges anything unbecoming the dignity of the Court to hear or is contrary to good manners or wh...statement of a scandalous fact that is material to the issue is not a scandalous pleading.”42. In Nar...be that some orders have been passed by the said Presiding Officer, which are not to the liking of Contemnor and that is how he has tried to overpower the Court in a different manner including by...
...(1880) 6 QBD 190, where the word 'scandalous' has been explained as under:"A pleading is said to be 'scandalous' if it alleges anything unbeco...court to hear or is contrary to good manners or which charges a crime immaterial to the issue. But the statement of a scandalous fact that is material to the issue ...it is pertinent and material to the cause the party has a right to plead it. It may often be necessary to charge false representations, fraud and immorality, and the pleading will not ...
...such indecencies, which may stain the reputation and would the feelings of the parties and their relatives and friends. However, one must always remember that nothing can be scandalous which is relevant. If the facts pleade...the above proposition said that 1951 Act is a complete and self contained code within which any rights claimed in relation to an election or an election dispute must be found. The scheme of the Act...any pleading—(a) which may be unnecessary, scandalous, frivolous or vexatious, or(b) which may tend to prejudice, embarrass or delay the fair trial of the suit, or...
...friends. However, one must always remember that nothing can be scandalous which is relevant. If the facts pleaded are relevant and necessary, no objection on the count of being scandalous can be accepted....petition in limine or striking out of unnecessary scandalous, frivolous or vexatious. This is to ensure that a litigation which is meaningless and bound to prove abortive should not be pe...the Court may at any stage of proceedings order to be struck out or amended any matter in any pleading—(a) which may be unnecessary, scandalous, frivolous, vexatious or...
...parties and their relatives and friends. However, one must always remember that nothing can be scandalous which is relevant. If the facts pleaded are relevant and necessary, no objection on the count of being ...the parties concerned. In order to find out whether pleadings is necessary or not, the entire document of the pleading has to be read and not a sentence or a word in isolation. ...charges a crime immaterial to the issue. But the statement of a scandalous fact that is material to the issue is not a scandalous pleading.(Mill...
...explained as under: "A pleading is said to be ''''scandalous'''' if it alleges anything unbecoming the dignity of the court to hear or ...which charges a crime immaterial to the issue. But the statement of a scandalous fact that is material to the issue is not a scandalous pleading." ...scandalous. The matter alleged, however, must be not only offensive, but also irrelevant to the cause, for however, offensive it be, if it is pertinent and material to the cause the party has ...
.... Ramanatha Aiyar's Law Lexicon, The Encyclopaedic Law Dictionary (2 Edition Reprint 2007) published by Wadhwa and Company Nagpur, the word ‘scandalous’ means:“Scandalous. A ...order to be struck out or amended any matter in any pleading-(a) which may be unnecessary, scandalous, frivolous or vexatious, or...: AIR 1976 SC 744) (para 30), Hon'ble Supreme Court held that a pleading has to be read as a whole to ascertain its true import. It ...
...scandalous matter and as the paragraph just quoted cannot be said to lay down any rule with reference to such a breach of the rules governing the frame of pleadings, Section 543 would seem ..., by refusing to comply with an order for amendment such as that passed in the present instance by the District Judge, is guilty of a contempt, still it cannot be said that until the contempt is p...is whether the memorandum does contain scandalous matter. In dealing with a question like this two rules have to be borne in mind, viz., that, as urged for the appellant, what is relevant cannot ...
...pleadings and the same reads as follows.-“16. Striking out pleadings.—The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading-(a) w...stage of the proceedings order to be struck out or amended any matter in any pleading-(a) which may be unnecessary, scandalous, frivolous or vexatious, or(b) which ...16 of Order 6 makes it clear that the Court may order striking off pleadings in the following circumstances:(a) where such pleading is unnecessary, scandalous, frivolous or...
...frivolous, scandalous and the plaint cannot be maintained on the basis of the pleading so made by the respondent / plaintiff and hence, it is liable to be struck off...may at any stage of the proceedings order to be struck out or amended any matter in any pleading,
(a) which may be unnecessary, scandalous, frivolous or vexati...liable to be proved before the Court during trial. There is a difference between scandalous statement and the statement which lacks in truth. Just because one party considers the pleadings of the other...
.... Striking out pleadings. - The court may at any stage of the proceedings order to be struck out or amended any matter in any pleading-(a) which may be unnecessary, scandalous, friv...letter dated 20.07.2017 (which has not been placed on record) is clearly an afterthought and a belated attempt to disown his instruction to the said Senior Advocate.”2. Mr. Anoop George...is permitted to be filed, it forms part of the pleadings, it has been observed that subsequent pleadings are not substitute for amendment in the original pleadings. In fact, a Full Bench of this...