Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - To be read as a whole - Not permissible to cull out a sentence and passage to read it out of the context, in isolation - It is the substance and not the form that has to be looked into - Intention of party is to be gathered from the tenor and term of his pleading taken as a whole...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleading - Fraud and misrepresentation - It is essential to sate the particulars of fraud and misrepresentation - It cannot be held that agreement is vitiated by fraud and representation in absence of pleadings giving particulars of fraud and misrepresentation...........
Civil Procedure Code, 1908, Order 7, Rule 1 -- Jurisdiction - Pleading - A paragraph in plaint pertaining to jurisdiction is for convenience of pleading but not the only source in the plaint for the purpose of establishing jurisdiction...........
Insurance Act, 1938, Section 45 -- Insurance policy - Repudiation of policy - Suppression of material fact - If a person makes a wrong statement with knowledge of consequence therefor, he would ordinarily be estopped from pleading that even if such a fact had been disclosed, it would not have made any material change...........
Insurance claim -- Suppression of material fact - Estoppel - If a person makes a wrong statement with knowledge of consequences thereof, he would be estopped from pleading that even if such a fact had been disclosed, it would not have made any material change...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - `Legally enforceable debt' - Lack of pleading - There is no requirement that the complainant must specifically allege in the complaint that there was a subsisting liability - The burden of proving that there was no existing debt or liability is on the accused which they have to discharge in the..........
Constitution of India, 1950, Article 14, 226, Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Writ petition challenging notification to acquire land - Prayer for release of land with structure in parity with release of other land with structure - Plea of discrimination/unequal treatment/violation of Article 14 - Petitioner must set out clear and categoric..........
Haryana Panchayati Raj Act, 1994, Section 176(4)(a), 176(4)(b) -- Election of Sarpanch - Total 2329 votes polled - 185 votes declared invalid - 2144 votes found to be valid - Returned candidate secured 612 votes - Defeated candidate secured 588 votes - Election petition - Pleas regarding irregularities and illegaties committed during course of election and also counting..........
Specific Relief Act, 1963, Section 20 -- Plea of Hardship - Agreement to sell - Sole Residential House - Recital in agreement that vendor in need of money on account of marriage of daughter - Suit for specific performance - Decreed - Second appeal - Plea of hardship raised - Denial of specific performance of agreement sought - Hardship sought to be inferred from recital in..........
Consumer Protection Act, 1986, Section 21(a),(ii) -- Appeal - New plea - No pleading in the complaint regarding the deduction of additional premium amount from the claimed/disbursed amount - National Commission refrained itself from touching on this issue...........
