Evidence Act, 1872, Section 101, 104, Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery of money - Suit for - Burden of proof - Shifting of - Held, in a suit for recovery of amount, burden lies on plaintiff to prove that he gave suit amount to defendant - But in view of admission and no, issuance of any reply by defendant, burden shifts to defendant to prove that he..........
Civil Procedure Code, 1908, Order 37, Rule 1, Stamp Act, 1899, Section 36 -- Recovery of money - Suit for - Admissibility of evidence - Defendant clearly admits receipt of Rs.6,00,000/- but failed to prove that he has taken that amount for purchasing of landed properties on behalf of plaintiff and not as a debt as alleged by him - Plea of inadmissibility into evidence of..........
Civil Procedure Code, 1908, Section 60(1), Order 37, Rule 1 -- Recovery of loan amount - Non-agriculturist - Liability to pay interest - Except pleading that he is an agriculturist, defendant has not produced any material in support of his contention - He himself mentioned his occupation as `business' in affidavit of his chief-examination - Held, it can be safely held that..........
Civil Procedure Code, 1908, Order 37, Rule 1, 2, 3, Civil Procedure Code, 1908, Order 15, Rule 3, Civil Procedure Code, 1908, Order 5, Rule 5 -- Summary suits - Expeditious disposal of summary suits is provided in O.5.R.5, O.15.R.3 & O.37.Rr.1, 2 & 3 CPC...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues of fact cannot be decided merely on pleadings and documents produced without a trial...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Property on lease for 99 years - Misuser charges - Suit filed - Defendant stated that they would not dispossess except in accordance with due process of law - Suit dismissed as withdrawn - It is a starting point for defendants to invoke the due process of law and thereafter the misuser charges were calculated - Admittedly,..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3) -- - New building - Previous construction (hall) - In dilapidated condition and not used for any purpose - New construction raised after getting the site plan sanctioned - Two walls kept intact and rest of the construction raised was new - Floor level was raised - Chajja on the first floor demolished -..........
Civil Procedure Code, 1908, Order 40, Rule 1(d) -- Power of Receiver to sue or be sued - Receiver cannot exercise this power without leave of Court - When power to sue or be sued are conferred on the receiver, while appointing him, then that will be sufficient authority for him to sue if need be, for protection, preservation and management of the property...........
Civil Procedure Code, 1908, Order 11, Rule 1, 21 -- Interrogatories - Suit dismissed as reply was evasive - When answer to interrogatories is found evasive, insufficient then Court has to proceed U.O.11.R.11 CPC for further submission of answer - In absence thereof Court cannot proceed U.O.11.R.21 CPC and to dismiss the suit on ground of evasive, insufficient answer -..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Review is permissible if there is mistake or error apparent on the face of record - Error which is not self evident and has to be detected by process of reasoning can hardly be said to be an error apparent on face of record justifying court to exercise its power of review - Power of review is not permissible for an..........
