Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner appeared on the very next date of passing ex parte order - Court was obligated to permit petitioner to join proceedings at that stage - Ex parte proceedings set aside...........
Agreement to sell -- Specific performance - Order to deposit balance sale consideration - Issue of readiness and willingness is yet to be gone into and merely because agreement to sell has been admitted by parties would not be a ground to permit defendant to deposit the amount in Court - However, since the amount already stands deposited by defendant, therefore, amount so..........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as his own witness - Party who wishes to appear as his own witness has to appear before any other witness on his behalf is examined - Only exception is that Court may permit him for reasons to be recorded in writing that he may appear as his own witness at a later stage...........
Evidence Act, 1872, Section 122 -- Recorded conversation in between husband and wife - Admissibility in evidence - Conversation which wife thought or experienced is not barred from being disclosed - Conversation which wife told to husband is also not barred - However, wife is debarred from disclosing conversation which husband made to wife, without consent of husband -..........
Evidence Act, 1872, Section 122 -- Recorded conversation in between husband and wife - Law as to : (i) Provision of S.122 of the Act deals with admissibility of privileged communication made by a married person to a partner during subsistence of marriage; (ii) S.122 of the Act is worded in two parts: (a) Compellability and permissibility - Two parts are separate and have..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination - Deferment u/s 254(3) cannot be asserted as matter of right - Parties seeking deferral u/s 254(3) BNSS, must provide sufficing reasons to invoke discretion of Court to permit cross-examination of witness to be deferred until any other witness or witnesses,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination - Court u/s 254(3) BNSS, is vested with jurisdiction to permit deferment of cross examination not only of a witness but set of witnesses and it depends upon case to case justifying deferral of cross-examination...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Trial Courts are endowed with large discretionary jurisdiction in considering amendment of pleadings in written statement which would even permit adding a new ground of defence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Original written statement itself disputed the title of plaintiff over suit property - Specific averment in written statement that plaintiff ought to have asked for a declaration cannot be said to be something that amounted to new defence or debarring plaintiff from the advantage of relying on..........
Succession Act, 1925, Section 229, 230, 231 -- Will - Letters of administration - Executor of Will did not take any steps to obtain probate of Will - Executor disputed validity of Will and contended that testator was not in sound mind at the time of execution of Will and was suffering from different ailments since early 1995 and had no capacity to dispose - Thus, in such..........
