Showing : 901-910 of 4609 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 4-- Pleadings - Plea of fraud - Every aspect of fraud is required to be pleaded is a recognition of yet another procedure of law namely the law of evidence that places the burden on defendant to set out and prove vitiating circumstances - If plea in defence is forgery such as when defendant pleads..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Suit for specific performance - Amendment sought to incorporate the circumstances under which forgery was perpetrated - Defendant who carries through the cross-examination of plaintiff and allows plaintiff to conclude his evidence cannot bring a plea after..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration claiming title by succession - Amendment sought to incorporate plea of adverse possession - Amendment sought changes the very nature of suit by claiming title on the basis of adverse possession and abandoning earlier plea of title by succession - Order..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar by limitation - Plea of limitation is a mixed question of law and fact which has to be adjudicated along with other pleas - Parties being at issue of disputed question of facts, interest of justice requires parties to lead evidence and seek adjudication on pleas of fact..........
PATNA HIGH COURT
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 123-- Cancellation of gift deed - Joint family property - Plea of fraud - Defendant and his witnesses have not substantiated the case of partition and valid execution of gift deed in question by plaintiff out of his free will and consent - No explanation for presentation of gift deed for registration on..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(c)-- Recovery of 1 kg heroin - Defence pleaded that contraband was not recovered from accused and the same was falsely planted on him - Plea rejected as such a huge commercial quantity of 1 kg. heroin worth Rs.6 Crores may not be falsely planted by police in order to show alleged good work, for which a..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Limitation - When amendment does not alter the basic structure of suit but only seeks to add alternate plea and addition to facts already on record, amendment can be allowed even after statutory period of limitation...........
MADRAS HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Since relief of specific performance was not granted to plaintiffs and they were not chosen to make even a alternative plea for refund of advance amount with or without interest, plaintiffs, held, not entitled to refund of advance amount...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 7, 13-- Illegal gratification - Accused pleaded that he has no role to play in auction of fish pond of village and could not grant any benefit to complainant - Plea rejected as demand and acceptance of illegal gratification is proved on record - Moreover, BDPO is the officer through whom resolution of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Himachal Pradesh Urban Rent Control Act, 1987, Section 14-- Eviction petition - Sub-letting - Plea of franchisee - However, failure to produce any document of franchisee - No document on record that tenant is occupying disputed premises or even part thereof - Tenant thus, walked out of premises and exclusive possession of property given to sub-tenant, who..........

Showing : 901-910 of 4609 Results