Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false criminal case - Absence of pleading - Criminal complaint filed by wife after filing of divorce petition by husband - It is a subsequent event which can be looked into by Court - Moreover, parties were fully aware of this facet of cruelty which was allegedly suffered by husband - Plea of..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Receipt regarding payment - Fact that receipt was issued not mentioned in pleading - It cannot be believed that if defendant had made the payment against a receipt, he would not have mentioned this fact in the written statement - Moreover, proof beyond pleading is not permissible - Application for secondary evidence..........
Agreement to sell -- Specific performance - Ready and willing - Pleading - It is not necessary for plaintiff to aver in the same words used in S.16(c) i.e ready and willing to perform the contract - Absence of specific words in the plaint would not result in dismissal of suit if sufficient fact and evidence are brought on record to satisfy Court the readiness and..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Defendant sought to produce notification of State of Punjab by which Municipal limits of Mahilpur has been extended and also requested to examine Halqa Patwari in order to prove that demised premises come within municipal limits - Document sought to be produced is not coming from the..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband on ground of marriage by deceit and force at the point of pistol - No criminal complaint lodged - No pleading or evidence that family members of husband were not present during marriage or that guests during marriage ceremony were extremely limited or that it were the relatives of wife alone who were..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Plea of no, joinder of parties - Plea not raised in the trial Court or in the lower appellate Court at any stage - Held, it is not open to appellants to raise this contention without pleading and without evidence in support of this plea for the first time in second appeal...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Eviction - Bona fide necessity - Non pleading of all ingredients - Effect - Held, technicalities are hand maids of justice and they should not be hindrance in imparting substantial justice - Pleading of all ingredients are necessary for any person to seek relief, but at the same time if party..........
Civil Procedure Code, 1908, Order 18, Rule 14 -- Striking off evidence - Validity - Trial Court permitted petitioners to lead evidence - Witnesses examined in presence of petitioners - Held, once witnesses examined were in hands of Court then it was not appropriate for Court to strike off/delete their evidence as a whole midway without completing their examination -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - After commencement of trial, amendment of plaint can only be allowed when Court comes to conclusion that in spite of due diligence, party could not have raised the matter before the commencement of trial - Trial is deemed to have commenced when issues are settled and the case is set down for recording of..........
Evidence Act, 1872, Section 8 -- Motive - In case of direct evidence, no, pleading and proof of motive loses its importance...........
