Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Cannot be considered on the same principles as an amendment to the plaint - Pleas in written statement may be alternative, or on additional ground or in a given case to substitute the original plea...........
Evidence Act, 1872, Section 90, 63, 65(c) -- Document executed in the year 1940 - Loss or destruction of original proved - Certified copy shown to have been obtained from custody of Sub Registrar - Held, certified copy can be admitted in evidence and genuineness of document can be presumed...........
Evidence Act, 1872, Section 90 -- Ownership & possession claimed on the basis of gift deed - Original gift deed not produced - Entry in the register of Registrar regarding execution of gift deed produced - Presumption u/s 90 regarding gift deed cannot be made...........
Arbitration and Conciliation Act, 1996, Section 11(5), 11(6) -- Arbitration agreement - Validity - Where existence of an arbitration agreement can be found, apart from the existence of the original agreement, the Courts would construe the agreement in such a manner so as to uphold the arbitration agreement - However, when a question of fraud is raised, the same has to be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of claim petition filed u/s 163-A of Motor Vehicle Act - In original petition, income alleged Rs.5, 000/- p.m. - Amendent sought to plead income less than Rs.40, 000/- p.a. - Tribunal relying on Deepal Girishbhai Soni's case, AIR 2004 SC 2107 declined amendment - Judgment not applicable - Amendment permitted with..........
Rent and Eviction -- Sub-letting - Premises let out to partnership firm - Partnership firm dissolved and one of the partners given all the assets of the firm and he formed another firm with himself as one of the partners - Legal possession of premises retained by a partner of new firm who was one of the original tenants - Not a case of sub-letting...........
Civil Procedure Code, 1908, Order 7, Rule 17 -- Bahi entry - Photocopy duly signed as true copies filed alongwith plaint - Original bahi entries sought to be produced immediately when objection was taken by defendant in written statement as to non production of original - By non production of original bahi entries no right of defendant has been infringed - Plaintiff cannot..........
Limitation Act, 1963, Article 21, Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Succession Act, 1956, Section 8 -- Impleadment of Reversioner as party to suit - Suit for possession being nearest reversioners - Application under Order 1 Rule 10 for impleading party being sister's son of the deceased - Application filed 5 years after death of original owner - Declined..........
Prevention of Terrorism Act, 2002, Section 32, 52 -- Confession - Peremptory provisions embodied in S.32 of POTA are laid down as under : (a) The police officer shall warn the accused that he is not bound to make the confession and if he does so, it may be used against him; (b) The confession shall be recorded in an atmosphere free from threat or inducement and shall be in..........
Consumer Protection Act, 1986, Section 2(1),(d),(ii) -- Consumer - Insurance claim - Vehicle sale - Non transfer of insurance policy in name of purchaser by the original owner who availed the service of the Insurance Company - After selling the vehicle the direct beneficiary becomes the purchaser - He steps into the shoes of the original owner and comes within the..........
