Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel pleaded no instructions - Court is required to issue notice to defendant - Nothing on record that counsel after pleading no instructions sent an intimation to his client - Moreso three witnesses of plaintiff were present for cross examination but counsel did not cross examine and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Husband with 90% vision defect misrepresented himself a Mechanical Engineer - He was not prepared to undergo a medical test, which strongly suggest that husband did have a defect in his vision - Rather he put forth an unreasonable demand for a virginity test while standing in the dock in an open..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - Plea beyond pleadings cannot be taken into consideration...........
Representation of the Peoples Act, 1951, Section 83(1) -- Election petition - Non-compliance with the requirement of S.83(1) Proviso - Question whether there were two affidavits filed by election petitioner along with election petition, was never examined by High Court - Neither the returned candidate disputed the said statement by filing a rejoinder to the reply of..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Rule confers a very wide discretion on the Court - It is to be borne in mind that pleading are not be dissected but are to be read as whole...........
Power of Attorney Act, 1882, Section 2 -- Power of attorney holder - Not entitled to plead on behalf of principal but he can only lead evidence or settle pleading in the form of a plaint or written statement or petition...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(A)(i) -- Recovery of 389.86 Kg Ganja - Appeal against conviction - Accused convicted on basis of his confession/pleading guilty by submitting pursis - Court below has not discussed any evidence on record already led - Even prosecution has not examined any other witnesses except I.O - Accused in his statement..........
Specific Relief Act, 1963, Section 26 -- Rectification of instrument - Pleading and proof of fraud or a mutual mistake of parties are mandatory requirements for obtaining a relief of rectification of an instrument...........
Specific Relief Act, 1963, Section 26 -- Rectification of instrument - An assignment deed cannot be rectified without pleading and proving fraud or mutual mistake of parties - Merely on proving the boundaries in a suit of this nature, a plaintiff cannot succeed without satisfying the essential legal requirements - Absence of material pleadings required for seeking..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - No evidence on record that wife is living in adultery - No such pleading or evidence adduced by husband - Even name of person with whom wife is alleged to be having illicit relations not mentioned either in written say or even brought on record in evidence - Adultery not proved - Wife is..........
