Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - No specific allegation against accused/sister-in-law of husband of deceased - Allegations were against husband of deceased and other family members - Suicide note as written by deceased lost its relevance as husband of deceased died during course of trial - Deceased was dying voluntarily - Nobody..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Reply to replication - Right of defendant to deal with the averments made in the replication can be addressed by granting an opportunity to the defendants to file an additional written statement - Considering the fact that two additional documents have been filed later and referred to in the replication, defendant is permitted..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Plea of no, identifiability of disputed property - Neither said plea was taken by defendant in his written statement nor before first appellate Court - Such plea cannot be raised by defendants directly in second appeal - As regarding plea of no, service of notice to defendant is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after filing of replication and before framing of issues - Amendment sought is thus at the initial stage of suit - It cannot be said that amendment sought is delayed - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Additional agreement executed between parties - Execution of said document denied by respondent - Genuineness or otherwise of said document is a matter of evidence - It cannot be said as to whether said document is a genuine document or a forged one - Amendment declined by holding that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-filing of written statement - Filing of an application U.O.7.R.11 CPC does not mean that there is an automatic stay for filing of written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Filed by minor through his mother - Facts of case show that there is unnecessary harassment of plaintiff - Till date written stamen is not filed by defendants - What is the extent of Hindu Undivided Family (HUF) properties and its various businesses are all question of fact which only..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Non-filing of written statement within 90 days - Defendant proceeded ex parte - There is absolutely no ground for setting aside ex parte decree - Application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought at belated stage i.e after closing of plaintiff's evidence - By itself not a ground to decline it particularly when amendment is necessary for determining real controversy between parties and which does not change the basic nature of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for possession - Amendment sought to add preliminary objection regarding jurisdiction of civil Court to entertain suit as matter relates to consolidation - Proposed amendment would not change nature of case and is necessary for determination of real question in controversy though filed at..........
