Civil Procedure Code, 1908, Order 8, Rule 6A, 9 -- Counter claim - Normally, counter claim is to be set up before written statement is filed - However, defendant can set off defence or counter claim with leave of Court even after filing of written statement upon such terms as Court thinks fit...........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4 -- LR's - Right to file written statement - L.R's of deceased defendant who was proceeded ex parte have no right to file written statement when impleadment was only as legal representative and impleadment was not in their personal capacity...........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 18, Rule 1A -- Documents not produced alongwith written statement can be allowed to be produced at a later stage when those documents are necessary for adjudication of rival claims of parties...........
Arbitration and Conciliation Act, 1996, Section 34, 16 -- Arbitration award - Setting aside - Objection as to jurisdiction - Not permissible to be raised after filing of written statement - There is prohibition on a party from raising a plea that Tribunal does not have jurisdiction after the party has submitted its statements of defence...........
Negotiable Instruments Act, 1881, Section 138, 20, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Accused admitted issuance of signed blank cheques - Holder of cheque can fill up the blank cheque, which is a valid instrument in the eye of law - There is no need to examine handwriting expert to verify whether contents of cheques were written by..........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Concealment of mental disorder of wife - Plea of husband neither controverted in written statement nor deposition of husband to this fact assailed in cross examination - Unchallenged averments and evidence on record brings the case of husband within ambit of S.12(1)(c) of the Act - Marriage rightly..........
Indian Penal Code, 1860, Section 376, 506, 384 -- Rape - Acquittal - Legality of - Prosecutrix although admitted her thumb impression on FIR, admittedly drafted by her advocate but she stated that she does not know the contents as application was written by her advocate according to his own will - She herself stated that false case against accused was filed due to enmity -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 52A -- Recovery of 35 kgs ganja - It is apparent from written report that informant has not disclosed that sampling was made at spot soon after search and seizure - Even, same evidence is reiterated by PW4 during trial and as such failed to disclose with regard to preparation of sample after I.O...........
Civil Procedure Code, 1908, Order 37, Rule 1(2)(b)(i) -- Summary suit for recovery - A simple document showing payment by plaintiff to defendant will not be a written contract as contemplated U.O.37.R.4 CPC - Suit lies only if amount claimed is a debt or a liquidated demand of moneys arising on a written contract - This is because it is only promise to pay which creates a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Denial of marriage by husband - Wife produces marks sheet of her son in which name of father was of petitioner - In transfer certificate and domicile certificate also name of petitioner was written - Nothing contrary produced by husband which makes his marriage with wife doubtful - Petitioner was living with his..........
