Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Unconditional apology - Assertion made in contempt petition basically pertain to unwarranted speeches, letters written or statements given by appellant advocate - However, appellant tendered unconditional apology and undertakes that he shall not speak on subject in issue in public except in Court proceedings,..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - First appellate Court while dismissing application of plaintiff failed to appreciate that additional evidence being in the nature of public document i.e agreement executed between i.e. an agreement executed between plaintiff-corporation and defendant and execution of which agreement..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Consists of bundle of facts and events - Adequacy or inadequacy of cause of action is hardly necessary, as it is a matter of appreciation of material placed after filing of written statement...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Concession at bar regarding content of a written agreement including fact as to who are the parties to document, cannot partake the nature of secondary evidence, as it does not stand on any different footing than oral evidence of parties...........
Civil Procedure Code, 1908, Order 14, Rule 3, 5 -- Framing of additional issues - Issue as to rectification of survey number - Suit for specific performance - No objection raised by defendants in their written statement with regard to said relief - In such situation, it is not open for defendants to contend that Court below has not properly framed the issues - Application..........
Civil Procedure Code, 1908, Section 107(2), Order 6, Rule 17 -- Amendment of written statement - Appellate court in terms of S.107(2) has same powers as that of Court of original jurisdiction where suit is instituted - Therefore, requirement of law as existed before trial Court can be exercised by lower Appellate Court for procedural compliance - Power of appellate Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Keeping in view amendment sought in written statement and previous litigation more particularly process of Court which ultimately resulted in decree for specific performance and execution of sale deed in execution of said decree, High Court is of considered opinion that amendment of written..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 11 -- Amendment of written statement - Appeal was at instance of plaintiff - Defendant could not moved application u/O.7.R.11 CPC because at that stage petitioner had no ground to move such application as same was subject matter of some evidence...........
Agreement to sell -- Specific performance - Defendant neither in his written statement nor in his affidavit taken any plea that contract of sale was cancelled by him and earnest money was forfeited - Plea thus, raised by defendant that as reply to notice was not challenged, so plaintiff was not entitled for relief of specific performance, carries no substance...........
Agreement to sell -- Specific performance - Plea of hardship - Has to be raised in written statement - Since there is no pleading and proof that house in dispute is the only house owned by defendant, plea cannot be entertained...........
