Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court to look upon only the plaint allegations and documents, if any, filed alongwith the plaint and not the written statement...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 6, 9, 12, 13 -- Ex parte decree - Setting aside - Wife appeared personally and pleaded that her counsel was demanding money for filing written statement - Court rendered advise to appellant to contact Secretary, District Legal Service Authority for free..........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A -- Return of plaint - Propriety - On basis of written statement, application for amendment was filed by plaintiff on the ground that defendant claimed possession over suit land on strength of a sale deed - Court below took view that if amendment was allowed, it would lead to increase in valuation of suit and, therefore,..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Conviction - Validity - Written dying declarations show that at the time of incident initially a slap was given by appellant `R' to the person of deceased and thereafter appellant `K' came from back side and after pouring kerosene set her ablaze - Parents of deceased categorically stated in their depositions that in life..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 13(1)(b) -- Additions and alterations - Impairment of value and utility - Permanent construction - Defendant/tenant has closed gallery by putting grill and door and removed old doors - Defendant has put new doors from western side for access to suit premises - Defendant had not placed on record any..........
Evidence Act, 1872, Section 138 -- Cross examination of co-defendant - Not permissible when there is common plea in written statement - Common plea when result of impersonation or that it was the result of fraud or deception, then Court can allow cross examination of a defendant by co-defendant...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Leave of Court - Application for permission to file additional written statement must state the grounds on which leave is sought - However, it is not necessary to set out the entire pleadings but there should be basis for such additional pleading so that Court exercises its power to grant leave..........
Criminal proceedings and civil suit -- Stay of civil suit till decision of criminal case - Civil suit cannot be stayed even if there is possibility of conflicting decisions in the civil and criminal court, as, such an eventuality cannot be taken as a relevant consideration - Secondly written statement is already filed in the civil suit and issues stand framed as such the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Relevant facts, which need to be looked into for deciding an application U.O.7.R.11 CPC are the averments in the plaint, which are germane and the pleas taken by defendant in written statement are wholly irrelevant...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Withdrawal of admission - Defendant cannot be allowed to resile from the admission made in the written statement by taking recourse to O.8.R.9 or O.6.R.16 CPC by seeking to file a fresh written statement...........
