Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Specific denial - In the absence of any specific denial in the written statement, contents of plaint would be deemed to be admitted...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Court ought to have assessed the rent in rent proceedings and same not contemplated as per provisions of O.15.R.5 CPC...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Default in payment of rent - Once lease agreements were admitted by defendant/tenant as was relationship of landlord and tenant, defendant could have deposited rent - However, despite being given sufficient opportunities to defendant, he categorically refused to pay the amount - Defence rightly struck..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Respondents are lis pendens purchasers - Original defendant as well as his wife who sold the land to respondents are no more and their grand children who prosecuted proceedings might not be interested in pursing the proceedings - Lis pendens purchasers can be impleaded as parties -..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Sine qua non for applicability of S.197 Cr.P.C is that offence charged must be committed by public servant either in his official capacity or under color of office held by him and that there is a direct or reasonable connection between the act and official duty...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Act of applicants/police officials was not committed in their official capacity or under color of office held by them - There is no direct or reasonable connection between their act and their official duty - Merely because applicants are police officials, it would not provide any shield to applicants..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - No sufficient grounds or reasons have been made out by plaintiffs while seeking permission to withdraw the suit and to file a suit afresh on the same cause of action - Order allowing withdrawal of suit with liberty to file afresh suit, set aside...........
Criminal Procedure Code, 1973, Section 294 -- Documents - Court can call upon to admit or deny genuineness of documents filed before it by prosecution or by accused, but such documents have to be included in a list providing for particulars of each document...........
Criminal Procedure Code, 1973, Section 294 -- Documents - Formal proof of a document is not required once its genuineness is admitted by adverse party - Provision is applicable to all documents filed either by prosecution or accused, irrespective of their nature and character...........
Criminal Procedure Code, 1973, Section 294 -- Documents - Special Judge can invoke provisions contained in S.294 Cr.P.C suo moto without an application from prosecution - No formal application from either prosecution or defence in this regard is needed...........
