Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Partition suit - Defendants pleaded that their father executed Will in favour of his second wife/mother of defendants bequeathing all his properties - Details of said Will not furnished by defendants - Plaintiff on the other hand brought to light a registered Relinquishment deed executed by defendants..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Partition suit - Defendants pleaded that their father executed Will in favour of his second wife/mother of defendants bequeathing all his properties - Details of said Will not furnished by defendants - Plaintiff on the other hand brought to light a registered Relinquishment deed executed by defendants..........
Arbitration and Conciliation Act, 1996, Section 8, 7 -- Arbitration agreement - Oral agreement substituting written agreement which contained a clause for arbitration - Same clause for arbitration would also be applicable to oral agreement...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Triple murder case - Dying declarations - Seven months pregnant wife and her minor child were burnt by accused by pouring kerosene oil upon them - Minor child died on the spot - However, pregnant wife succumbed to injuries after 5 days of incident - Three oral and three written dying declarations -..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Educated and issue less wife - No specific prayer and pleadings made by wife in her written statement regarding permanent alimony - Wife aborted her child without permission of husband and his parents and thus, committed cruelty - False FIRs were lodged by wife against husband - Thus, wife is not entitled to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for possession by way of redemption - Once defendants has made admission in their written statement filed before trial Court and has produced documentary and oral evidence, with view to prove their pleaded case before trial Court, their application U.O.6.R.17 CPC before first appellate..........
Industrial Disputes Act, 1947, Section 25F -- Termination - Contention of Management that Labour Court itself should have conducted enquiry by giving an opportunity to Management to defend its action on basis of misconduct imputed against workman for first time before Labour Court - No application or an averment in pleading or in written statement/statement of claim of..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory injunction - Restraining defendant from interfering in exclusive possession of plaintiff over suit land or from raising construction - Plaintiff himself admitted that defendant had laid foundation of shop in question prior to institution of suit with his consent - Defendant on the other hand also..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Application for taking on record the certified copy of challan - Fact of filing FIR already indicated in the reply before Tribunal and during pendency of said proceedings challan has been filed - Once plea is raised in the written statement and a subsequent event thereto has happened, document should be..........
West Bengal Premises Tenancy Act, 1997, Section 7(1)(a), 21, Civil Procedure Code, 1908, Order 8, Rule 1 -- Eviction petition - Non-acceptance of written statement - Opposite party prayed for eviction claiming petitioner as his licencee and said licence was already revoked before filing of suit then onus to prove said status would be lying upon opposite party - Similarly,..........
