Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Specific denial - Suit for declaration - Defendant in his written statement clearly denied the possession and title of plaintiffs - Moreover, by pleading adverse possession plaintiffs have themselves admitted title of defendants, which is not extinguished - Objection raised by plaintiffs that there is no..........
Criminal Procedure Code, 1973, Section 125, 126(2) -- Maintenance - Ex parte - Earlier notices sent by speed post - No specific denial of service of such notices - Difficult to find fault with ex parte order...........
Court Fees Act, 1870, Section 7(viA) -- Court Fee - Partition suit - Defendant not denied the possession of plaintiff - Question of Court fee in accordance with S.7(vi-A) of the Act, would arise only when plaintiff's possession is denied - Since there was no denial by defendant as neither an affidavit in support of objection regarding deficiency of Court fee nor any..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Evasive or vague denial of facts in written statement may be taken to be an admission of facts made in plaint...........
Will -- Proof - Burden to prove execution and contents is upon propounder of Will - Merely because there is no specific denial in written statement/objection on behalf of defendants, it cannot be said that applicant is discharged from her burden to prove execution of Will...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Assessment of disability - Appellant at the time of accident was 24 years old and was a skilled carpenter - He suffered a serious disability in which he lost use of both his hands - Loss of hands is a complete deprivation of ability to earning of person engaged in manual activities - Moreover, appellant is unable to even..........
Service -- Indian Navy - Annual Confidential Reports (ACRs) - Adverse remarks - Denial of promotion - One particular adverse report (which stands expunged) not affected succeeding reports as rightly held by Armed Forces Tribunal (AFT) - Though appellant was given higher numerical grading by Initiating Officer (IO) and even by Next Senior Reviewing Officer (NSRO) - However,..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Suit based on dishonoured cheque of Rs.15 lakhs - Three payments were made by defendant after issuance of cheque - There is mere bald denial of receipt of these payments and effect thereof is not clear - Plaintiff does not say that despite said three payments being made, amount..........
Rent and Eviction -- Sub-letting - Contradictory stand of tenant - Denial of sub letting in written statement - However, in examination-in-chief it was stated that sub tenant is his employee and in the next breath it was stated that sub tenant is partner in tailoring business - It seems that tenant was not sure as to what stand he should take to meet the plea of sub..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Cruelty - Deed of settlement marked as mark `A' for the reason it being a photocopy - Trial Court holding that unless wife joined in filing an application u/s 13-B of the Act, document could not be considered - Husband able to prove cruelty in the form of denial of sex by wife - Divorce granted on ground of cruelty...........
