Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off preliminary submissions in the replication - Replication contains averments and evidence in support of original cause of action as mentioned in the plaint and it is answer to the defendant's plea in the written statement - Plaintiff in its replication has neither made out a new case nor a fresh cause of action or..........
Agreement to sell -- Plea of fraud and fabrication - Person who alleges fraud, forgery or fabrication has to prove the same...........
Agreement to sell -- Specific performance - Plea of fraud and fabrication - Bald plea of fraud and fabrication alleged by defendant but not an iota of evidence produced to substantiate such plea - Plaintiff on the other hand proved agreement to sell by producing attesting witnesses, typist and Notary public in Court - Said witnesses were duly cross-examined and their..........
Arbitration and Conciliation Act, 1996, Section 34, Constitution of India, 1950, Article 136 -- Appeal - Arbitral award regarding interest on various claims - Setting aside - Work contract - Plea based on clause 13(3) of Contract to defeat the claim of respondent no.1 relating to award of interest on various claims - Not raised by appellants at any stage of proceedings..........
Arbitration and Conciliation Act, 1996, Section 34, Constitution of India, 1950, Article 136 -- Appeal - Arbitral award regarding interest on various claims - Setting aside - Work contract - Plea raised by appellant defeating claim of respondent no.1 relating to award of interest on various claims - Appellants application u/s 34 of the Act is partly allowed only to extent..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay of 103 days in filing - Leave of Court - Defendants pleaded that due to unavailability of important documents, written statement could not be prepared and filed within statutory time limit - Plaintiffs did not file an affidavit-i, opposition - Trial Court not recorded a finding that plea taken by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 180 kg poppy husk - Plea of delay in producing contraband before Magistrate - Occurrence took place in late evening hours - Contraband with seal was actually produced before Magistrate on the following date itself - No impropriety in seals appended to samples/contraband produced before..........
Indian Penal Code, 1860, Section 302, 120B, 34, 201, Evidence Act, 1872, Section 27 -- Murder of husband by wife in connivance with her paramour - Circumstantial evidence - Disclosure statement - Recovery of chunni - Co-accused/paramour of accused `R' disclosed that they murdered deceased by strangulation with help of chunni - Cause of death is also asphyxia which is due..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Plea relating to readiness and willingness - It is a finding of fact and cannot be disturbed in second appeal and was binding on High Court, particularly, when first Appellate Court had recorded its finding by appreciating the entire evidence on record...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Plea of limitation - Neither raised before trial Court nor before first Appellate Court - Said plea being mixed question of law and fact, cannot be examined first time in second appeal by High Court...........