Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Presented after a long time of filing of written statement - Until that date, issues had not been framed in the suit - Counter claim could not have been removed out of consideration merely for this reason...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Permitted to file at the stage of defendant's evidence - Defendants were proceeded against ex parte twice over - No satisfactory reason assigned by defendants for delay in filing written statement - Only ground mentioned by trial Court while allowing application for filing written statement, is setting..........
Will -- Proof of - Thumb mark of testator exists after written part of Will comes to an end - Both the attesting witnesses of Will have successfully withstood searching questions put by counsel representing plaintiff during cross-examination - Testator appeared before Registrar at the time of registration of Will - Photographs of testator along with witnesses and..........
Civil Procedure Code, 1908, Order 8, Rule 1, Proviso -- Written statement - Time limit fixed as per O.8.R.1 Proviso CPC is only directory...........
Agreement to sell -- Specific performance - Non joinder of necessary parties - Plaintiff himself admitted that suit property was jointly owned by defendant, his wife and three sons - Specific objection was also taken by defendant in his written statement with regard to non-joinder of necessary parties - No effective decree therefore, could have been passed in their..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Incorporation of evidence in pleadings - Evidence is not required to be pleaded in the pleadings - Dismissal of application calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65 -- Dishonour of cheque - Secondary evidence - Original cheque, original written memo and other relevant papers fell on road in transit - On the same day police complaint was lodged - While issuing process, the documents were before Magistrate - When documents were lost then necessary permission..........
Evidence Act, 1872, Section 73, 45 -- Comparison of signature/Left Thumb Impression (LTI) - Defendants failed to produce original deed as disclosed in written statement - Copy of documents produced by plaintiff allegedly bearing LTI of executor - Defendants did not admit the purported document - Basis of denial of such document is oral assertion only without any supportive..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Simpliciter denial in absence of any categoric denial to factual averments made in plaint, would be deemed to be admitted...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B of Evidence act - Deceased died unnatural death within 7 years of her marriage - Prior to 4-5 months of incident a written application was given by deceased herself at Mahila Police station regarding cruelty and harassment for demand of dowry - PW4 stated in his..........
