Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Suit for recovery - Pleading - Relief - Plea of appellant as to maintainability of suit in name of plaintiff/company - Said issue not raised even before appellate Court - Therefore, said substantial question of law does not arise in this appeal - Appeal dismissed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Sub tenant paying rent directly to the landlord since 1979 - Landlord pleading that rent was paid on behalf of the landlord - Contention ill fits with a plea of sub letting after the death of original tenant in the year 1984...........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64 -- Fishing vessel - Insurance policy - Premium instalment - Cheque payment - Premium instalment due on 14.10. 1991 - Cheque towards second premium instalment receive on 6.11.1991 was encashed on 25.11.1991 - In the absence of pleading and proof the Insurance Company who had kept the cheque from..........
Agreement to sell -- Specific performance - Agreement to sell registered - Attesting witness supporting the case of plaintiff - Defendant failing to prove that agreement is only a security deed - One witness examined by defendant deposing that agreement was written as security for loan he borrowed from plaintiff but failed to substantiate the same by producing..........
Partition -- Pleading that apart from the property mentioned by the plaintiff in plaint there are other properties which could be a subject mater of a partition - Held, Court is entitled to pass a decree even in relation thereto...........
Civil Procedure Code, 1908, Section 152 -- Decree - Amendment - Court can amend decree if inspite of pleading an issue is not framed which ought to have been done...........
Partition -- Pleading that apart from the property mentioned by the plaintiff in plaint there are other properties which could be a subject matter of a partition - Held, Court is entitled to pass a decree even in relation thereto...........
Civil Procedure Code, 1908, Section 152 -- Decree - Amendment - Court can amend decree if inspite of pleading an issue is not framed which ought to have been done...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3) -- Bonafide requirement - Pleading of necessary ingredients of the provision of S.13(3) of the Act - Held, it is the essence of the pleadings which is to be taken into consideration and not the technicalities, which will oust the landlord...........
Electricity Act, 1910, Section 39(1), 44(1)(c) -- Theft of electricity by company - Prosecution of directors of company - In absence of pleading and proof that such Directors were incharge and/or were responsible for the conduct of the business of the company, such Directors cannot be convicted...........
