Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 16 -- Partial rejection of plaint - Not permissible - There can be partial striking out of pleadings but not rejection of plaint...........
Advocate -- Professional misconduct - In the pretext of Court fee misappropriation of amount - Misguided as regards progress of case - Subsequent refund of amount with interest by cheque - Dishonour of cheque - Legal notice alleging misconduct - Receipt admitted but remained unreplied - Defence that receipt for amount and cheque towards refund not issued by appellant and..........
Representation of the Peoples Act, 1951, Section 81 83, 85, Civil Procedure Code, 1908, Order 7, Rule 11 -- Election petition - Dismissal of petition for want of cause of action - Respondent filing detailed counter affidavit to election petition denying each one of allegations - No whisper in counter that allegation in election petition is vague or scandalous, unnecessary,..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- as amended by Punjab & Haryana High Court in May 1991 relating to striking off the defence - Not applicable to pending suits...........
Civil Procedure Code, 1908, Section 35B -- Striking off defence for no, payment of costs - None of Zimini orders notices the `pressed' demand of costs - Definite negligence on part of defendants - Not in the interest of justice to strike off defence...........
Police protection -- Strike call - If any workman belonging to any union is willing to work inspite of the strike call, then the striking workers cannot prevent the willing workman to work - Police protection can be granted to prevent the law and order situation...........
Negotiable Instruments Act, 1881, Section 138, 118(1) -- Cash cheque is a legal and valid negotiable instrument - Non mentioning of payee's name and the striking off the words `or bearer' does not make the cheque invalid...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- New & inconsistent pleas - Application dismissed - Same pleas in replication cannot be justified on the ground that defendant has also unauthorisedly introduced additional averments in amended written statement - Remedy for unauthorised induction by defendant lay in praying for the striking off the unauthorised induction -..........
Indian Penal Code, 1860, Section 302, 307, 96 -- Right of private defence - Alleged attack on the appellant who was carrying a gun while sitting on his tractor driven by his driver - Victim party carrying sticks and spear - Prosecution case that appellant in a quarrelsome mood, using abusive language fired - With one shot he injured two members of victim's party and with..........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Failure to comply with the order of the Court - Striking off defence - Where the party fails to comply with the order to answer interrogatories, or for discovery or for inspection of documents, order for striking off the defence or dismissing the suit can be passed only on an application made by the other party and not suo..........
