Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Reply filed to temporary injunction copied and filed as written statement wherein there were only six paragraph whereas plaint had 22 paragraphs - Contents of rest of the paragraphs of plaint not dealt with in the written statement - A party not to be punished for the fault on the part of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Specific admission and deemed admission - Six out of 22 paragraphs of plaint dealt with in the written statement - It is only specific admission which cannot be allowed to be withdrawn and not deemed admission - It is a case of deemed admission - Amendment allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Plaint can be rejected only on the basis of pleadings in the plaint and not on the ground that plaintiff has not made out a case by not filing evidence in it...........
Civil Procedure Code, 1908, Section 92 -- Admission of plaintiff in plaint at one place that said property was recorded in his name but in the next para it was sated that since 1998 property was recorded in the name of State of U.P. - Held, merely for the reason that at one place, the plaintiff had admitted that said property was recorded in his name, does not disentitle..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Can be allowed even when trial has commenced if Court comes to the conclusion that in spite of due diligence a party could not have raised the matter before commencement of the trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Subsequent event - Suit for passing off trade mark - Relief of infringement sought by way of amendment as Trade Mark was registered - Plaintiff wanted to bring on record subsequent event - Amendment sought necessary for adjudication of matter in controversy between the parties - Amendment would also..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment sought at appellate stage - Proposed amendment will change the nature of the case and will make out a new case - Amendment not necessary for the purpose of determining the real controversy between the parties - Amendment application has no merit as such rejected...........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Section 16, 69, 21 - - Execution proceedings - Reference to Lok Adalat - Refund of court fee - Held, decree holder is not entitled to refund of court fee paid on plaint on account of compromise arrived at between parties before Lok Adalat on a reference made to it in execution petition...........
Criminal Procedure Code, 1973, Section 482 -- On a plaint reading of FIR it cannot be said that prima facie no cognizable offence is disclosed or that there are any legal fetters on the conduct of the investigation - Final relief of quashing of FIR cannot be granted...........
Civil Procedure Code, 1908, Section 106, 107, 141, Order 7, Rule 10 -- Appeal - Appellate Court having no jurisdiction - Appeal has to be returned - Provision of law as application to return of plaint also applies to return of memorandum of appeal when appellate Court has no jurisdiction to entertain it...........
