Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Comparison of signatures sought during pendency of appeal - Contradictory statement in written statement - Signatures denied on agreement to sell but contradictory plea that he was ready and willing to execute sale deed - Held, once there is an admission of execution of agreement of sale by expressing that..........
Criminal Procedure Code, 1973, Section 197, 239 -- Sanction for prosecution - Facts on record prima facie shows that sanction order was issued - Validity of sanction can be tested at the time of trial - Plea of defence also can be considered during trial - Discharge application rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Land sold to defendant is towards western side 13 ft instead of 43 ft - Construction therefore, beyond 13 ft by defendant cannot be permitted - As regarding alternative plea of plaintiff to permit him for completing finishing work, as he is not projecting any..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Filing of written statement - Plea of plaintiff is that defendant is entitled to file application for rejection of plaint U.O.7.R.11 CPC before filing his written statement - O.7.R.11 CPC proceedings are independent of the filing of a written statement once a suit has been filed...........
Civil Procedure Code, 1908, Section 21 -- Objection to jurisdiction - Rejection of transfer petition - Plea of pecuniary jurisdiction was not taken by defendant in his written statement, but becomes available to him only when amendment has been made to CPC - Interest of defendant therefore, may be protected in any further appeal against decree if any objection is taken..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25 -- Murder - Plea that prosecution case is liable to be disbelieved merely on account that no blood samples were taken from clothes of eye-witnesses - Plea held, not tenable as omission on part of investigation is not so material so as to be fatal to prosecution case in view of statements of eye-witnesses..........
Civil Procedure Code, 1908, Section 24, Commercial Courts Act, 2016, Section 2(1)(c)(vii) -- Transfer of suit - Seeking transfer to Commercial Courts - Plea that suit though filed for specific performance but it is a commercial transaction - Record showing that dispute raised by plaintiff is in nature of commercial dispute - Also agreement between parties relating to..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Plea that counsel is out of station - Not a good ground to seek adjournment - Appeal dismissed for no, prosecution and under no circumstances application for restoration shall be entertained...........
Rent and Eviction -- Eviction petition - Maintainability of petition - Plea neither raised in trial Court nor in the First Appellate Court - Held, First Appellate Court was right in not deciding this question either way...........
Rent and Eviction -- Eviction petition - Maintainability of petition - In case a plea is not raised and no issue is framed and no finding was recoded either way by Trial Court or First Appellate Court, such plea cannot be allowed to be raised for the first time in third Court whether in appeal, revision or writ, as the case may be, for want of any factual foundation and..........
