Civil Procedure Code, 1908, Order 7, Rule 11, Benami Transactions (Prohibition) Act, 1988, Section 4 -- Rejection of plaint - Plea that suit is barred u/s 4 of Benami Transaction Act - Plea can be decided only when parties lead evidence and not at the stage of deciding application U.O.7.R.11 CPC - Application dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Validity of marriage - To be decided only after parties lead evidence - The same cannot be decided in an application for rejection of plaint...........
Indian Penal Code, 1860, Section 468, 471, 120B -- Forgery - Criminal conspiracy - Accused allegedly fabricated partition deed and executed GPA in favour of A3 and A4 - Petitioner entered into sale agreement to purchase the property from A3 and A4 - He also committed offence in connivance with other accused to grab the property from complainant - All accused conspired..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Disposal of application U.O.41.R.27 CPC by First Appellate Court prior to consideration of adjudication on appeal itself is erroneous and thus, unsustainable...........
Civil Procedure Code, 1908, Section 151, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Additional evidence - Dismissal of application - Eviction petition - Landlord seek to lead additional evidence in respect to property purchased subsequent to closure of their evidence - Landlord want to lead additional evidence in respect of necessity of son and..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13 -- Written statement-cum counter claim - Several adjournments availed to file written statement - Defendant debarred from filing written statement - Thereafter defendant proceeded ex parte - Ex parte decree set aside - Held, O.9.R.13 CPC cannot be made for retrieving lost opportunity..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration of title - Plaintiff sought to admit notice issued by Tehsildar in Encroachment case - Appellate Court delved deep into the matter and held that it is admitted case that title rests with defendant - Encroachment case in the year 1989 initiated against plaintiff..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of case on the grounds, viz. (a) Defendant not afforded an adequate opportunity to file his written statement; (b) In the absence of written statement defendant could neither adduce proper evidence nor file any documentary evidence in support of his case; (c) Suit decided on the basis of insufficient evidence as such..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - To be only with respect to fact and that also in concise form - Evidence not to be incorporated in the pleadings...........
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 137 -- Recall of a witness for further cross-examination - Failure to cross-examine witness on certain aspects by itself is not a ground enough to recall witness for further cross-examination...........
