Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 45 -- Res judicata - Applicability - Omission pointed out by party - Handwriting in dispute - FSL report while rendering its opinion as to hand writing, omitted to render its opinion as to thumb impression - Omission pointed by parties - Merely because the omission was pointed out by parties to lis, it..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10, Rajasthan Tenancy Act, 1955, Section 207 -- Rejection of plaint - Transaction relating to sale deed pertaining to agricultural land - Jurisdiction lies with Revenue Court - Jurisdiction of civil Court is barred u/s 207 of Act of 1955 - Application U.O.7.R.11 allowed - However, exercising power U.O.7.R.10 CPC plaint ordered..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Clause in agreement that there will be no arbitration in case insurance company disputes or does not accept the liability under or in respect of policy - To put it differently, an arbitration clause would enliven or invigorate only if insurer admits or accepts its liability under or in..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 5, 14, Haryana Panchayati Raj Act, 1994, Section 176 -- Election petition - Bar of limitation - Election petition under S.176 Haryana Panchayati Raj Act has to be filed within 30 days of the date of declaration of results - In the instant case election petition filed was allowed to be withdrawn and..........
Evidence Act, 1872, Section 11, 114 -- Plea of alibi - Not proved - Adverse inference not to be drawn - It is an event that by itself will not fulfill legal requirement of prosecution having established the proof of guilt of accused beyond reasonable doubt...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Pre mature suit - Presupposes non accruing of cause of action on date of filing of suit - Pre mature suit is liable to be dismissed in limine...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Fraud - Plaint bereft of ingredients of fraud - Plaint cannot be rejected when suit is not filed only on the ground of fraud...........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (b) -- Rejection of plaint - Facts pleaded in plaint prima facie reveals a cause of action in favour of plaintiff to file suit - Defendant failed to establish that there is no cause of action and even equally failed to establish that suit is barred by any law for time being in force - Application rightly dismissed...........
Hindu Marriage Act, 1955, Section 11 -- Nullity of marriage - Appellant kidnapped respondent and forcibly took her with him and took photographs depicting her marriage under threat - Respondent was underage at the time of marriage - Nothing in evidence to show that any marriage took place by way of rituals or procedures as required under Hindu marriage ceremonies -..........
Indian Penal Code, 1860, Section 302, 498A, 34, Evidence Act, 1872, Section 11 -- Murder - Death by burning - Plea of alibi - Allegation against sister-in-law (wife of brother of husband) - Accused convicted only on the basis of dying declaration of deceased - However, accused was living separately in a different house with her husband - Vague and cryptic allegations are..........