Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within stipulated time - Extension of time - Explanation rendered for delay in filing written statement neither mala fide not improbable and is a plausible explanation - Delay in filing written statement condoned...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - When written statement is filed and issues are also framed, question whether principle of res judicata is attracted or not, can be a question to be decided on merits in suit and not merely on the basis of bare perusal of averment in plaint in the suit...........
Civil Procedure Code, 1908, Order 15A, Rule 1, 2(as - - Eviction suit - Application filed U.O.15-A CPC before filling of written statement - Maintainability - Suit for eviction and recovery of possession without any claim of arrears of rent filed after expiry of lease period - An application U.O.15-A by plaintiff is held maintainable even before filing of written statement..........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Suicide - Accused harassed the deceased by demanding dowry due to which deceased committed suicide - Deceased was taken to hospital by accused and he telephoned the father of deceased - Statement of father of deceased recorded after 7 days of incident - Neither father nor brother of deceased lodged any complaint..........
Civil Procedure Code, 1908, Order 8, Rule 6A, 5 -- Counter claim - Non-filing of written statement to the counter claim - Facts in counter claim deeded to be admitted in view of O.8.R.5 CPC - Facts admitted need not be proved...........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - In the written statement defendant clearly expressed about termination of tenancy and delivery of vacant possession - Same itself is a notice of termination of tenancy...........
Advocates Act, 1961, Section 29, 33 -- Power of Attorney - Right to plead - Power of attorney holder is not entitled to plead on behalf of the Principal, but he can only lead evidence or settle the pleading in the form of a plaint or written statement or petition...........
Civil Procedure Code, 1908, Order 8, Rule 1A(1), (3) -- Late production of documents - Permissibility - Leave of Court to file documents subsequent to filing written statement can be granted only on the basis of pleading by defendants that they had a valid reason for not filing said documents along with written statement - Whether such documents were registerable or not is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Divorce petition filed by husband - Unfounded allegations in written statement as to character of husband - Wife did not even spare character and chastity of mother of husband and sister of husband and other relations of husband while making such obnoxious allegations - Such unfounded allegations of..........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C. - During investigation of a case an accused is not entitled to get a copy of statements recorded by investigating officer u/s 161 Cr.P.C. or other documents which as of right he will get u/ss 207/208 Cr.P.C. on his appearance after he is issued process u/s 204 Cr.P.C. - Even when accused is arrested..........
