Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of divorce - Setting aside - Wife sent a letter to Family Court at place `J' expressing that she was unable to travel upto place `J' and to defend proceedings there - She was also making efforts to approach Supreme Court by filing a petition for transfer of case - No finding recorded by Family Court while..........
Civil Procedure Code, 1908, Order 8, Rule 6A, 9 -- Counter claim - Normally, counter claim is to be set up before written statement is filed - However, defendant can set off defence or counter claim with leave of Court even after filing of written statement upon such terms as Court thinks fit...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte order - Setting aside - Summons duly served - Defendant was mislead by his brother that he has engaged counsel and was made to sign several blank papers and was assured that he need not attend Courts - Plea of mislead for over 14 years does not appear to have any substance and application having been filed at the..........
Indian Penal Code, 1860, Section 364A, 34, Evidence Act, 1872, Section 9 -- Kidnapping for ransom - Test identification parade - Accused kidnapped a boy aged 6 years and demanded Rs.10 Lakhs - Sum of Rs.6 lakhs paid to accused who released the boy - Father of victim is natural and more important witness as he explained in what manner he reached the place where his son was..........
Evidence Act, 1872, Section 9 -- Test identification parade - Purpose - TIP is held for the purpose of testing veracity of witness in regard to his capability of identifying persons who were unknown to him - Such TIP is required to be held as early as possible to exclude possibility of accused being identified either at police station or at some other place...........
Evidence Act, 1872, Section 9 -- Test identification parade - Object - Main object of holding an identification parade during investigation stage is to test memory of witnesses based upon first impression and also to enable the prosecution to decide whether all or any of them can be cited as eye witnesses of occurrence...........
Evidence Act, 1872, Section 9 -- Test Identification parade - Magistrate who held TIP not examined - In the absence of same, it cannot be ascertained that whether needful was done or not, whether persons mixed up were of same age, height, built up and colour - Accused ought to get fair chance to demolish this piece of evidence by extending cross-examination of Magistrate,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Injunction suit - Advocate commissioner cannot be appointed at the threshold for gathering evidence - Only in cases where there is a serious dispute regarding identity of property or boundaries thereof, an advocate commissioner can be appointed in injunction suit...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Issuing commission for ascertaining market value of any property, or amount of any mesne profits or damages or annual net profits - Sine qua non is satisfaction of Court that it is requisite or proper to issue Commission for the said purpose - Court can exercise this power even suo motu - However,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Since the report of valuer is already on record and affidavit of valuer has been filed as such there is no justification in summoning any other report by issuing commission U.O.26.R.9 CPC - Sine qua non for issuing a Commission to ascertain the market value in terms of provisions of O.26.R.9 CPC has not..........
