Evidence Act, 1872, Section 101, 102 -- Suit for possession based on title - Once plaintiff is able to create a high degree of probability so as to shift the onus on the defendant it is for the defendant to discharge his onus and in the absence thereof, the burden of proof lying on plaintiff shall be held to have been discharged so as to amount to proof of the plaintiff's..........
Evidence Act, 1872, Section 112 -- Partition suit - DNA test - Paternity of daughter disputed by father - Father cannot file an application to send daughter for DNA test - Father has to adduce evidence in any other manner to prove that plaintiff is not his daughter - Application rightly dismissed...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Encroachment - Conduct of plaintiff not fair and he resorted to falsehood - Discretionary relief of mandatory injunction rightly declined even when demarcation report proved encroachment by defendant...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Seeking stay on suspension of dealership - Dealership agreement suspended due to certain irregularities allegedly found in stock of motor spirit - However, allegation regarding irregularities in stock of motor spirit was said to be subject matter of evidence - Such fact findings have been..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Omission to frame issues - Suit for specific performance - Suit was dismissed for lack of title in favour of defendant - No issues or points for determination were framed for the same - Plaintiff at no point was given an opportunity to lead evidence on the same - In the absence of any issues and especially in the..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Applicability of bar U.O.2.R.2 CPC depends upon identity of cause of action raised and also upon whether plaintiff despite having knowledge of relevant facts omitted to claim relief in earlier suit...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Cause of action to seek declaration regarding ownership and for cancellation of gift deed & sale deed accrued to plaintiff only upon application for impleadment by defendant Nos.3 to 6 filed in earlier suit and pleading regarding said..........
Evidence Act, 1872, Section 114 -- Adverse inference - Non-appearance of plaintiff in the witness box - Presumption can always be drawn against him that case pleaded by him, is not correct - However, it is a rebuttal presumption - If said presumption is successfully rebutted by other cogent evidence on record, said presumption would not be material and applicable...........
Agreement to sell -- Specific performance - Ready and willing - When allegation in application submitted to Sub-Registrar that plaintiff has come prepared with necessary funds is not sufficiently denied, submission that no proof of possessing such finance was produced is not material...........
Agreement to sell -- Specific performance - Ready and willing - Application submitted to Sub-Registrar that plaintiff has come prepared with necessary funds - Application with stamp of office of Sub Registrar is duly proved by evidence of PW1 - Mere fact that plaintiff has not proved signatures of Sub-Registrar is not sufficient to belie said document when submission of..........
