Civil Procedure Code, 1908, Order 18, Rule 2, Contract Act, 1872, Section 73 -- Compensation for breach of contract - Suit for recovery filed - No evidence led by plaintiff - Defendant Corporation led evidence to establish loss suffered on account of delay in lifting damaged stock - No material to show that FCI committed breach - Plantiff to establish his own case - Trial..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Where finding is bald and is without any evidence then second appellate court has ample power to interfere in the findings of fact...........
Civil Procedure Code, 1908, Order 6, Rule 1, Civil Procedure Code, 1908, Section , Order 7, Rule 1 -- Suit for declaration and permanent injunction - Ownership over the property claimed on the basis of Wills - No plea in the plaint with regard to existence and validity of Civil Court decree - Decree produced during course of evidence - No relief can be claimed and granted..........
Evidence Act, 1872, Section 145 -- Statement recorded u/s 162 Cr.P.C. - Can be used in civil proceedings in view of S.145 of Evidence Act...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Plea of res judicata - Question of maintainability of suit invoking principle of res judicata cannot be decided at the initial stage of the proceedings before submission of written statement and taking evidence as such a question involves disputed facts and law...........
Civil Procedure Code, 1908, Order 2, Rule 6 -- Clubbing of suit - Prayer for - One suit part heard - Evidence also recorded - Second yet to commence trial - Part heard suit cannot be ordered to be eschewed - Other party at liberty to pray for recalling of witness...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Jurisdiction of High Court is confined to hearing on substantial questions of law - Interference with finding of fact by the High Court is not warranted if it involves reappreciation of evidence...........
Civil Procedure Code, 1908, Section 100 -- Second Appeal - Finding of fact - Scope of interference - Suit for specific performance - Readiness and willingness to perform contract - Mixed question of law and fact - Concurrent finding of fact by the Courts below, that there is no evidence adduced by the plantiff to show readiness and willingness to perform his part of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plea as to rent note tampered with - Amendment cannot be denied merely for the reason that some evidence is already recorded - Amendment allowed...........
Custodial torture and illegal detention -- Compensation can be awarded in proceedings under Article 32 or 226 - Before awarding compensation Court has to pose to itself the questions : (a) Whether the violation of Article 21 is patent and incontrovertible, (b) whether the violation is gross and of a magnitude to shock the conscience of the court, (c) whether the custodial..........
