Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Not filed within time - Divorce proceedings - Written statement filed by wife was accepted by Court below - Time lapsed between date when application u/s 24 of Hindu Marriage Act was allowed and date on which written statement was filed should be taken which is only 67 days, it cannot be said that there..........
Evidence Act, 1872, Section 45 -- Expert opinion - Disputed signatures - Comparison of signatures with signatures which were subsequent to the filing of suit except one signature on a written statement in a prior suit - Not a valid basis of comparison - It casts a serious doubt on the reliability of entire report - Report discarded on this ground alone...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Filing in blank cheque shall not be always required treated as material alteration - Alteration in common parlance is understood to mean, something is already written which is changed/altered subsequently - Alteration is permissible if it is made in order to carry out common..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written settlement - Non filing - Court can make such order as it may deem fit in absence of any written statement from a party...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non-filing - O.8.R.10 CPC does not mandate Court to decree suit for no, filing of written statement, but gives it discretion either to pronounce judgment against defendant or to make such order in relation to suit as it thinks fit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit is at the stage of final arguments - Any amendment in written statement at the fag end of suit, cannot be permitted, particularly when suit was filed way back in the year 1987 - Even otherwise, defendant sought amendments with respect to facts which were available/known even at the time..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent prohibitory injunction - Plaintiff specifically stated that at the time of filing suit he was in possession of suit land - Said fact is neither denied by defendant in his written statement nor denied at the time of arguments - Plaintiff also specifically stated that defendants in the year 1993 tried to interfere..........
Civil Procedure Code, 1908, Order 21, Rule 10, 11(2), 11(3) -- Execution - Application for execution to ensure compliance of three things : (a) Written application must be duly signed and verified by applicant or any person, who is acquainted with the facts of the case, to the satisfaction of the Court; (b) application must contain the details, which are specified in..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Commercial dispute - Defendant filed its written statement within 120 days of receipt of summons - He cannot be prohibited from filing counter claim only because it failed to raise same in written statement - Defendant thus, entitled to raise its counter claim only in respect of cause of action limited by..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Non-filing of replication - Does not amount to deemed admission of fact in written statement...........
