Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Duly verified replication filed, without accompanying an affidavit, as required U.O.6.R.15(4) CPC does not mean that it is incomplete...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - At the time of consideration U.O.14.R.1 CPC for framing issues, pleadings are to be seen only and filing or no, filing of affidavit in support of pleadings which is independent of pleadings is not material as it is curable technical defect...........
Civil Procedure Code, 1908, Order 8, Rule 6A(4) -- Counter claim - Filed without affidavit - Even though defect was mere irregularity yet defendant choose not to cure it, even till final arguments in the suit - No application was moved either to file an affidavit in support of his counter claim, despite the fact that an objection in this regard was raised by counsel for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - NRI landlord - Leave to defend - Not granted by mere asking but only in case affidavit specifies that landlord does not satisfy condition u/s 13B of the Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - NRI landlord - Leave to defend - Not granted by mere asking but only in case affidavit specifies that landlord does not satisfy condition u/s 13B of the Act - However, affidavit of tenant fails to show the same - Moreover, rights of a tenant against any false assertion of bonafide need by..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 452, 384, 376D, 506, Information Technology Act, 2000, Section 67(A) -- Anticipatory bail - Offence u/ss 323, 452, 384, 376-D, 506 IPC and S.67(A) IT Act - As per own stand of complainant, she is a mature married woman and has filed her duly sworn attested affidavit to the effect that she has..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 2A -- Interim mandatory injunction and police aid - Sought during pendency of appeal - Civil Court is not powerless to grant interim mandatory injunction - However, it does not mean that same could be granted even without an opportunity to the other side, especially when main appeal is pending for the past six years -..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide requirement - Leave to defend - Rent Controller committed grave error in declining to grant leave to defend to tenant and in holding that no triable issue arises - Affidavit filed by petitioner in support of leave to defend application raises triable issues and tenant has been able to show facts..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Delhi High Court (Original Side Rules), 2018, Chapter VII, R.5 - Replication and affidavit of admission/denial of documents - Time period for filing same - Period of 30 plus extended period of 15 days are mandatory for plaintiff to file replication along with admission/denial of documents - If same are not filed within time..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Admittedly, issues were framed - Landlord concluded his evidence - Tenant also filed his affidavit as his examination-in-chief in his affirmative examination and he has even cross-examined..........
