Civil Procedure Code, 1908, Order 13, Rule 10, Evidence Act, 1872, Section 73, 74 -- Comparison of disputed with admitted signatures - Summoning of Income Tax Returns - Plea that disputed document does not contain the date, month and year of execution - Income Tax Returns sought to be summoned pertains to the period 2000-2001 - Disputed document also executed on or after..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Application for taking on record the certified copy of challan - Fact of filing FIR already indicated in the reply before Tribunal and during pendency of said proceedings challan has been filed - Once plea is raised in the written statement and a subsequent event thereto has happened, document should be..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Plea that suit is not maintainable in view of some provisions of law - Rival contentions of parties have to be established by producing oral and documentary evidence - Application rejected...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Dismissal of application U.O.7.R.11 CPC - Reagitating the same plea in an application U.O.6.R.16 CPC - Held, filing of such application on the similar ground, which was already taken in the previous application, is nothing but an abuse of process of law...........
Hindu Marriage Act, 1955, Section 11, 29(2) -- Null and void marriage - Second marriage by wife during subsistence of first marriage - Wife taking plea of customary divorce - Wife failed to prove customary divorce prevailing in her community - Custom cannot be created by agreement between parties and execution of `Farkatnama' between her and her first husband does not..........
Constitution of India, 1950, Article 21 -- Speedy trial - Speedy trial is part of reasonable, fair and just procedure guaranteed u/Art.21 - Constitutional right cannot be denied even on plea of no, availability of financial resources - Court is entitled to issue directions to augment and strengthen investigating machinery, setting-up new courts, building new court houses,..........
Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of insanity - Evidence on record proves that accused was suffering from disease of Schizophrenia not only before the incident, but also at the time of incident as also subsequent to incident and thus entitling him to benefit of exception carved out in S.84 IPC - Burden of proving existence of circumstances bringing..........
Tender -- Plea that concrete paver was mentioned in the list of mandatory plant and equipment for pre-qualification stage so as to open financial bid - Held, not tenable...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Suit for specific performance - Plea regarding maintainability of suit - Plea is required to be raised in first instance in the pleading (written statement) then only such plea can be adjudicated by trial Court on its merits as a preliminary issue U.O.14.R.2 CPC - Having not raised said plea in written..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of loss of two cheques while travelling in a bus - No police complaint lodged - Conduct of accused is relevant while considering his defence - When accused admitted his signature on cheque and when it has been produced by complainant then burden is on accused to explain as to how cheque came into..........
