VII Rule 13 of the CPC. In the case of Raja Mohhamad Amir Mohhamad Khan of Mahamudabad Vs. M/s Metro pole Hostels Pvt. 6 synonyms of maintainable from the Merriam-Webster Thesaurus, plus 18 related words, definitions, and antonyms. Find another word for maintainable. Maintainability is the measure of ability to successfully repair or fix the product after manufacturing, usually in the field, and over time. The design emphasis …Continue Reading→ But in all these case civil courts jurisdiction is not barred. Suits which are not entertained  under some law must be read in the same law and not by aid of the limitation. In telecommunication and several other engineering fields, the term maintainability has the following meanings: How to use maintain in a sentence. Money required or spent to provide for the needs of a person or a family. But the position in regard to appeal is quite opposite. This page provides all possible translations of the word maintainability in almost any language. But there is no bar to file a suit for partial partition of properties. In this respect another case of Hardesh Ores P. Ltd. Other definitions suggest: “Maintainability is defined as the probability of performing a successful repair action within a given time. But this does not mean that court has to reject the plaint forthwith. There may be several-myriad example where bar to hear cases by civil courts is created. etc. Additionally, CCG Catalyst assists financial institutions with comparing vendor services and products through the use of its Vendor RFP (request for proposal) Matrix, which is a collection tool that qualifies vendor products or services through the following categories: functionality, feasibility, viability, stability, scalability, maintainability and supportability. A lack of maintainability will be evident as high product maintenance costs, long out-of service times, and possible Registered members get a chance to interact at Forum, Ask Query, Comment etc. In engineering, maintainability is the ease with which a product can be maintained in order to: ⁕isolate defects or their cause, ⁕correct defects or their cause, ⁕repair or replace faulty or worn-out components without having to replace still-working parts, ⁕prevent unexpected breakdowns, ⁕maximize a product's useful life, ⁕maximize efficiency, reliability, and safety, ⁕meet new requirements, ⁕make future … As such, they can also be modified, restricted or repealed. Maintainability prediction should be accomplished immediately following definition of the basic system. ... Forum Legal … While reliability characterizes how long an asset can operate without issues, maintainability describes the likelihood that the same asset can be restored once a failure does occur. See more. In the United States, legal rights are granted by the legislative bodies of … Therefore prayer for the consequential relief of possession ought to be made other wise the suit as such is not maintainable. The Two-Judge Bench of the Supreme Court in view of precedents and established legal principles held that the High Court Registry does not have the power to question the maintainability of a Petition and it is a purely judicial function. The following is an excerpt on maintainability and availability from The Reliability Engineering Handbook by Bryan Dodson and Dennis Nolan, © QA Publishing, LLC. Under Income Tax Act, sales Tax  Act, elections to Parliament or state Assemblies or President's or Vice President's elections etc. This is the spirit of the provision of Or. Creative Commons Attribution/Share-Alike License; Actions performed to keep some machine or system functioning or in service. A case under Hindu Marriage Act can only be tried by a principal court of civil jurisdiction that is by district court and not by   civil judge class I or Class II. Reliability was first practiced in the early start-up days for the National Aeronautics and Space Administration (NASA) when Robert Lusser, working with Dr. Wernher von Braun's rocketry program, developed what is known as \"Lusser's Law\" . Before the evidence can be relied upon, it must usually also be credible. 6 of the Specific Relief Act it self, nor any other provision of law barred or prevented the plaintiff from filing such a suit even in the face of the peculiar fact of the plaintiff having being disposed in compliance with Supreme Court's order. The right of appeal inheres in no one and therefore an appeal for its maintainability must have the clear authority of law. Therefore to under the said provision that is Or. Under Or. That explains why the fight of appeal is described as a creature of statute. Maintainability is a statistical measure of the time to restore the system to fully operational status after it has experienced a fault. Text is available under the Creative Commons Attribution/Share-Alike License; additional terms may apply. The Maintainability is the probability of performing a successful repair or replace using the prescribed practices and procedures for serviceability and […] Collectively, they affect both the utility and the life-cycle costs of a product or system. Definitions by the largest Idiom Dictionary. GangaBai Vs. Vijay Kumar and others  AIR 1974 SC 1126 it will reveal that a time bar suit can also be instituted as no law says that a time bar suit cannot be instituted. The law principally utilizes the thought of the purchaser in connection to buyer insurance laws, and the meaning of shopper is regularly limited to living people (i.e. Vs.  Hede and company, 2008 (I) MPLJ 30. You have other fora for NGO's and private parties. It may not be maintainable and may be dismissed if all properties are not brought on record but it is wrong to say that such suit on the basis of partition is barred by any law for the time being in force. Maintain definition, to keep in existence or continuance; preserve; retain: to maintain good relations with neighboring countries. While you should strive for reliability to be as high as possible, high maintainability levels can act as a back-up plan for instances where a breakdown does occur. It is embodied in the design of the product. maintainability is listed in the World's largest and most authoritative dictionary database of abbreviations and acronyms. maintainability The ability of an item, under stated conditions of use, to be retained in or restored to a state in which it can perform its required functions, when maintenance is performed under stated conditions and using prescribed procedures and resources. Thus bar is created as to the jurisdiction of the court with reference to Sec. But the position in regard to appeal is quite opposite. The origins of contemporary reliability engineering can be traced to World War II. This is generally expressed as a mean-time-to-repair (MTTR). A suit for its maintainability requires no authority of law and it is enough that no statute bars the suit. Re: Maintainability of petition. This is the earliest time when sufficient data is available to perform a meaningful quantitative evaluation of design characteristics in terms of performance and maintenance. If the statement in the plaint shows that only few properties and not all properties are brought on record and after giving opportunity the plaintiff fails to comply with the order then it will be a case of not-maintainability of suit and not a bar of suit. Definition. The discipline’s first concerns were electronic and mechanical components (Ebeling, 2010). Here a suit is barred by law for the time being in force to be tried by a civil court. Maintainability is most commonly referred to as “the ease in which a system [for instance, a website or web application] can be modified or extended,” quoting Jeremy D. Miller. Territorial, subject matter, personal, appellate, exclusive, original, if you’re talking about a court’s jurisdiction. What would be the fate of the suit ultimately is   all together different matter, whether the suit would succeed on its merits or not is also all together a different matter. The petitioner has raised maintainability of suit as preliminary which is based on question of fact and law. In some cases, maintainability involves a system of continuous improvement - learning from the past in order to improve the ability to maintain systems, or improve reliability of systems based on maintenance experience. Maintain definition is - to keep in an existing state (as of repair, efficiency, or validity) : preserve from failure or decline. (legal) (UK English) Alimony, a periodical payment or a lump sum made or ordered to be made to a spouse after a divorce. (adsbygoogle = window.adsbygoogle || []).push({}); Join LAWyersclubindia.com and Share your Knowledge. ... Advocate Babar Awan on behalf of the premier questioned the maintainability of the election petition saying that legal … The quality of a judge or an advocate also reflects when he gives a second thought on the points raised. Question may arise as to maintainability of suit for partition of some properties without including the remaining properties. For example a special law declares a forum and according to that forum if a civil court has been barred to hear any dispute under that law then it is a bar created by any law for the time being in force. MAINTAINABILITY OF WRIT This query is : Resolved Report ... 05 October 2008 Unless one of the Respondents is a State within the meaning of Article 12 Constitution of India, you may not maintain writ petition. Thus a plaintiff files a suit for partition of some of the properties in a civil court such suit is certainly not barred by any law for the time being in force. Many systems are repairable; when the system fails — whether it is an automobile, a dishwasher, production equipment, etc. Maintainability picks up where reliability might fall short. Therefore courts should be very slow in rejecting plaints unless and until they have considered from all different facets of law and facts. Or. Definition of maintainability in the Idioms Dictionary. Under Article 226 of the Constitution of India, the High Courts are given the power to issue writs. ... Maintainability of purchaser agreeable when the … Thus what is required during hearing is giving patient hearing to the counsels for the parties and studying the citations and law of one's own accord and to follow the ratio of the judgments considered during arguments and to have broad perception on the subject under hand. What is necessary is bar to institute a suit in a civil court if a statute prohibits so. US Department of Defense 2005. Points 1, 2, and 3 shown in the figure identify the mean, median, and maximum corrective time-to-repair, respectively. In such a case the duty of the court is to grant time to amend the pleadings by plaintiff and if he fails to do so plaint may be rejected as it will not show a cause of action for a suit for partial partition. On perusal of a case of Smt. You can also submit your article by sending to article@lawyersclubindia.com. 12891/2020, Friendship between technology and legal education, Know your Ministry - No. Maintainability is the ease with which a product can be maintained in order to isolate defects or their cause, correct defects or their cause, meet new requirements, make future maintenance easier, or cope with a changed environment. ... consultation, or advice of a legal, medical, or any other professional. A suit for partition is definitely taxable by a civil court. See Wiktionary Terms of Use for details. (SC) is worth studying. What does maintainability expression mean? In such cases court grant time as a matter of rule to amend pleading for seeking such relief and if party fails to make such amendment only then plaint is to be rejected. maintainability phrase. Looking for online definition of maintainability or what maintainability stands for? The right of appeal inheres in no one and therefore an appeal for its maintainability must have the clear authority of law. VII rule 11 (d) of the Code of Civil Procedure says that "the plaint shall be rejected where the suit appears from the statement in the plaint to be barred by any law." Merely omission to do a particular fact as shown may bring the action of the plaintiff to reject the plaint. A case under   Indian Guardians and wards act is to be tried by Principal Court of Civil Jurisdiction or by a civil court if specially empowered under this Act by a notification. VII R. 11 of the CPC. VII R.11 (d) one has to read that provision like this:   plaint shall be rejected where the suit appears from the statement in the plaint to be barred by any law for the time being in force to be heard by a civil court. During pendency of the suit if it is found that only some properties were included in the suit and rest of the properties were not included in the suit on an application of a party the court may (shall)  grant time to amend plaint and allow plaintiff to include other remaining properties to be included in the plaint. But this does not mean that a suit on the basis of partial partition is barred. Some of the commonly used maintainability engineering terms are portrayed graphically in the figure below as a maintainability “function” derived as illustrated for the case where the pdf has a lognormal distribution. tains 1. That this power to issue writ is a discretionary power of the High Courts. 9 of the CPC will make the point very clear. The proviso to Sec.34 of the said Act says that "………provided that no Court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so." 1516/2005 decided on 22-09-2005 A party instituting a suit may face the consequences but certainly thee is no bar of filing a suit. 55 - Social Justice and Empowerment, How the social media has exposed the working of machinery in India, KNOW YOUR MINISTRY – NO; 61 - TRIBAL AFFAIRS. It was further held that the suit was not barred based upon the statement contained in the plaint under any law for the time being in force. ty Would you like to know how to translate maintainability to other languages? design maintainability A measure of inherent maintainability that includes only the effects of an item design and its application, but which is derived from the level of maintainability required in a specific operational and support environment. If a party to the suit the plaintiff is not in possession of the suit property a bare suit for declaration is not maintainable as there is bar created by Sec.34 of the Specific Relief Act. not enterprises or organizations) and bars business clients. Further more rejection of plaint is not a bar to bring a fresh suit as per the provision of Or. The ease with which something can be maintained. . Natural rights are often said to be granted to people by “natural law.” Legal rights are rights granted by governments or legal systems. 7 Rule 11 courts ought to grant time to correct valuation, paying of defecate court fee, to show cause of action and to bring all facts to show how the suit is not barred by any law. Thus for example a suit for declaration that plaintiff is entitled to ply buses on a particular line is not maintainable as the special law relating to Motor Vehicles Act provide some other forum and civil court's jurisdiction is barred to hear such suit. Ltd., AIR 2010 Uttar 7 at page 9it was found that neither Sec. To keep up or carry on; continue: maintain good relations. Yes, both civil and criminal actions are maintainable notwithstanding the cause of action, the constitution (whether company or not) of the debtor so long as the debt is legally enforceable and the cause of action constitutes an offence … For manufacturing entities, many of the maintainability requirements are born out, at least in part, by the manufacturing and assembly environment of … Reliability, maintainability, and availability (RAM) are three system attributes that are of great interest to systems engineers, logisticians, and users. In that case in para it was said that there is an inherent right in every person to bring a suit of a civil nature and unless a suit is be a statute, one may, at one's peril, bring a suit of one's choice. 9 of the CPC. Again this can further be explained by another example of a suit for declaration and possession of suit property. In this respect Sec. (3) of s. 23 of the Act, and then ask for a case to be stated on a question of law for the opinion of the High Court under Sec 24 of the Act. Most of the persons from judiciary fail to understand the substance of this provision. A suit for its maintainability requires no authority of law and it is enough that no statute bars the suit. A suit is said to be barred by any law when we say that   civil court has no jurisdiction at all to hear a case. Make this statement further clear by adding words 'that it is barred to be heard by civil court. maintainability the ability of a product or component to be kept in a state in which it can perform its required function when maintained. (legal) A tort committed when a third party who does not have a bona fide interest in a lawsuit provides help or acquires an interest to a litigant's lawsuit. Design for Maintainability Basic Principles Maintainability is the degree to which a product allows safe, quick and easy replacement of its component parts. (en noun) Actions performed to keep some machine or system functioning or in service (legal) A tort committed when a third party who does not have a bona fide interest in a lawsuit provides help or acquires an interest to a litigant's lawsuit. At Forum, Ask Query, Comment etc upon in coming to a decision whether it is an automobile a! Article 226 of the plaintiff to reject the plaint Shah Vs. B.M without including the remaining.. Income Tax Act, elections to Parliament or state Assemblies or President 's etc! Within a given time of purchaser agreeable when the system fails †” whether it is an automobile a. Or continuance ; preserve ; retain: to maintain good relations with countries! It is barred by law for the other RAM system attributes of availability and.. Found that neither Sec ) MPLJ 30 World War II Vs. 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