Showing : 1-10 of 58 Results

CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Pleadings of an earlier suit is essential and was required to be furnished in order to ascertain fact as to whether suit suffers from doctrine of res judicata - In absence of proof of pleadings of earlier suit, question of res judicata cannot be accepted...........
MADRAS HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Suit for declaration and permanent injunction by private trust - Pleadings in plaint making out triable issues, which have to be proved by either party during trial by letting in evidence - Issue of limitation is also a mixed question of fact and law requiring proof - Court..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 2-- Pleading and proof - Evidence beyond pleadings - Not to be taken on record and if it is taken then it is to be ignored...........
KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 23, Rule 3, Evidence Act, 1872, Section 102-- Compromise - Fraud - Burden to prove that compromise arrived at U.O.23.R.3 CPC was tainted by fraud lies upon party who alleges the same - His mere assertion in pleadings before Court is no substitute for proof of vitiating circumstances...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 1-- Pleading and proof - Parties to suit cannot be permitted to travel beyond pleadings, as civil suits are decided on the basis of pleadings...........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 6, Rule 2-- Proof beyond pleadings - Witness already examined - Plea to be raised at the time of final arguments and trial Court essentially has to consider these aspects...........
DELHI HIGH COURT
Year of decision: 2018
Details
Hindu Law-- Hindu Undivided Family (HUF) Property - Proof of - Suit property during life time of father of plaintiff was part of HUF and has to be treated as such - Rent receipts issued by father of plaintiff to tenants in suit property but same could be deemed to be his capacity as Karta of HUF - From the..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Documents sought to be produced by way of additional evidence i.e notification issued under Land Acquisition Act, were relevant and also necessary for deciding rights of parties involved in suit - These documents did not require any proof being public..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 10, Civil Procedure Code, 1908, Order 6, Rule 1, 2-- Customary adoption - Pleading and proof - Custom of adoption of married sons in community of appellant - Appellant failed to plead in his written statement about existence of any custom as such - Parties to a suit are always governed by their pleadings - Any amount of evidence or proof adduced..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 11, Rule 1-- Interrogatories - Provision gives a party a right to interrogate with a view to obtaining an admission from opponent of everything which is material and relevant to the issue raised on the pleadings - Object is to obtain an admission from the opponent which will make the burden of proof easier..........

Showing : 1-10 of 58 Results