Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Introduction of facts within knowledge of defendants which were consciously suppressed in written statement and counter claim should not be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Where amendment sought is not related to facts but only seeks to introduce a purely legal proposition and to claim an alternate relief, knowledge of plaintiffs in respect of amendment prior to suit would not be material...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amenemnt of plaint - Seeking additional relief - Such relief not claimed due to oversight - Same cannot be accepted as a ground to allow any amendment in the pleadings at the fag end of trial especially when admittedly the facts were in knowledge of plaintiffs...........
Limitation Act, 1963, Section 5 -- Condonation of law - No knowledge of limitation - Ignorance of law is no excuse...........
Adverse possession -- Plaintiff failed to prove that his possession is adequate in continuity over suit land with knowledge of defendant - Plea of adverse possession rejected...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced in evidence are relevant and crucial to decision of case - First appellate Court has erred in refusing to permit petitioner to produce and prove the same - Even if documents were in the knowledge of petitioners same could be allowed subject to payment..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that sale deed is null and void - Plaintiffs nowhere in the plaint, specifically mentioned the date, even approximately when they came to know about registered sale deed mentioned in the suit - Contention that deceased used to look after legal affairs and..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Complaint by company - Evidence of Power of attorney/PW1 - PW1 had given evidence as branch accountant of complainant company and not as Power of Attorney - Transaction was prior to appointment of PW1 in company - PW1 has no direct knowledge regarding transaction - When complainant limits the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - Power of attorney who filed the complaint needs to aver that he has knowledge of complete transaction...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - A-3 came to the scene of occurrence when co-accused dragged the deceased to the house of A-4 and assaulted them - He thereafter assaulted deceased with stone lying there - Though A-3 has knowledge that use of a stone hitting head of deceased is likely to cause death, but he had no intention to commit..........
