Showing : 11-20 of 49 Results

RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Withdrawal of admission made in written statement - Once a written statement contains an admission in favour of plaintiff, amendment to withdraw such an admission cannot be allowed to plaintiff's prejudice and facilitate the setting up of an inconsistent plea from the one earlier taken in first..........
DELHI HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 11-- Plea of alibi - Witnesses who have been examined on behalf of defence to prove alibi of accused persons have made inconsistent statements which is highly unreliable - Burden of proving an alibi is on accused but accused failed to prove the same - Plea rejected...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought claiming alternative relief of recovery of possession - Proposed amendment will completely contradict plea of plaintiff that he has been in continuous possession and enjoyment of suit property since 1976 -..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Adverse possession -- Mutually inconsistent or mutually destructive pleas must not be taken in plaint - Whenever the plea of adverse possession is raised, it presupposes that owner is someone else and person taking the plea of adverse possession is not the actual owner but has perfected his title by prescription since..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Addition of new ground of defence or substituting or altering a defence or taking alternate/inconsistent plea in the written statement can be allowed by way of amendment...........
HYDERABAD HIGH COURT
Year of decision: 2014
Details
Adverse possession -- Plaintiff pleaded that she perfected her title to suit properties by way of adverse possession - Plea rejected as period of 12 years was not completed by date of filing of suit - Moreover, plea of securing title by plaintiff from defendant Nos.2 & 3 by way of relinquishment is inconsistent with..........
DELHI HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 498A, 302, 34-- Cruelty - Dowry death - Common intention - Plea of suicide - Appellants contented that deceased committed suicide, if that was so, why did the appellants themselves not inform the police about unnatural death of deceased - External injuries inflicted upon deceased were inconsistent with theory of..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Limitation Act, 1963, Article 65-- Adverse possession - Plea of adverse possession must be expressly raised and established - One cannot be permitted to raise mutually inconsistent pleas at different stages of suit to base his claim as sharer in ancestral property and other plea based on adverse possession - Plea as to adverse..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 7-- Alternative plea - If plaintiff succeeds on the principal case set up by him whether or not the alternative plea was contradictory or inconsistent or even destructive of the original plea pales into insignificance...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Law of amendment in respect of written statement is very liberal and defendant can withdraw his admission and take inconsistent plea but such a course of action is available to defendant only after he is able to show that the admission made by him at the time of..........

Showing : 11-20 of 49 Results