Civil Procedure Code, 1908, Order 20, Rule 4(2) -- Judgment - Points for determination - When a defendant fails to appear or file a written statement, Court cannot dispense with points for determination altogether...........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - If any right is transferred vide a written document, revocation of such document also has to be in writing and such revocation/cancellation ought to be brought to the notice of the party in whose favour right was sought to be transferred...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendments does not merely elaborate or clarify defence, rather, it completely displaces earlier admissions and substitute an entirely contrary case - Delay of more than four years in seeking amendment also assumes considerable significance - Belated attempt to resile from earlier..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Objection based on res judicata generally arises from pleadings contained in written statement which ordinarily cannot be considered at the stage of deciding application filed U.O.7.R.11 CPC...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Without seeking relief of cancellation of settlement deed - Once settlement deed was presented before Court along with written statement, it was imperative for plaintiff to have sought cancellation of same, or at least seek a declaratory relief qua settlement deed and failure to do so will attract proviso to..........
Document -- Nature - Ex post facto circumstances - Unnecessary when intention is understood from the plain and ordinary meaning of the text - However, nomenclature alone of document is not the decisive factor of the nature of a document - It is the text and context that point to the obligations undertaken by the parties to a written document...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Proposed rejoinder is intended only to specifically traverse and rebut new factual assertions introduced in written statement - Bar against raising a new case through subsequent pleadings is not attracted - Issues in suit are yet to be framed and both parties will have adequate opportunity to lead evidence -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 36, 48 -- Arrest - Non-compliance of S.48 BNSS - Grounds of arrest have been detailed in arrest memo - Signature of an independent witness is present in notice - At the time of arrest, wife of accused was intimated about his arrest over telephone - Receipt of written notice containing details of grounds of arrest u/s 48..........
Agreement to sell -- Suit for specific performance - Defendant alleged that plaintiff has obtained signatures on blank stamp papers and thereafter fabricated alleged agreement of sale - However, there is no justification from defendant side as to what prompted defendant to remain silent without filing a criminal complaint alleging fabrication of an agreement of sale and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Where nature of complaint primarily found to be of vexatious and frivolous, Courts owes a duty to look into other evidences collected and did not have to be confined within content of written complaint - That apart, there must be close scrutiny of written complaint and it must be read between lines in..........
