Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that there is liability to pay service tax and electricity charges - Held, such a plea can be substantiated only by leading evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that plaint not presented by an Officer appointed by the company - Plaintiff a limited company and plaint signed and presented by Joint Zonal Manager - Whether such Joint Zonal Manager has power to represent the plaintiff or not can be decided only by appreciating evidence led by parties -..........
Civil suit -- In civil matters Courts are required to adjudicate the dispute on the basis of preponderance of evidence and are not required to determine on the basis of concrete proof, as is required in criminal cases...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-framing of specific issue - Merely because an issue is not specifically framed, cannot be basis for remanding matter, without examining aspect of prejudice suffered by either party to litigation before trial Court, particularly, when parties were clearly aware about such issue and they contested the same by..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Both plaintiff No.1 and defendant No.1 claiming to be married to deceased `G' - Dispute is purely of civil nature - Dispute has to be resolved on the basis of evidence to be led by both the parties - Dispute is purely a civil dispute and not a dispute within a family to be resolved by Family Court...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - Issue involving question as to whether disputed land is agriculture land or not - Held, issue involves mixed question of law and fact, thus, evidence is required to be led by both parties before hearing arguments on said issue - Impugned order of trial Court in placing matter directly for arguments without..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Merely because evidence is required to decide an application, Court could not refuse to decide the same - Impugned order set aside - Matter remitted...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where plaint discloses a cause of action but plaintiffs are not entitled to any relief after adducing the evidence - In such cases, plaint cannot be rejected out rightly U.O.7.R.11 of CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Agreement to sell - Presenting three post-dated cheques without intention of letting them e, cash whether amounts to a promise or not, is a question which cannot be determined without giving opportunity to adduce evidence - Prima facie, pleadings has certain elements of fraud - Thus,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for specific performance - Suit property agreed to be sold by defendants on specified sale consideration - Defendants failed to execute sale deed - Plaintiffs always ready and willing to perform his part of obligation - Whether plaintiff ultimately succeeds in..........
