Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - Proof beyond pleading - Evidence is to be based on pleadings - A relief can only be on the basis of pleadings alone - Only exception is when parties know each other's case very well and such a pleading is implicit in an issue - Additionally, Court can take judicial note of a fact when it is so apparent on the..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading - To contain a statement in a concise form of material facts but not the evidence by which they are supposed to be proved...........
Hindu Marriage Act, 1955, Section 27 -- Return of gold ornaments - Evidence of wife and her father coupled with photographs of marriage in which wife was wearing large quantity of gold ornaments and bills of such ornaments, prove the case of wife that she was given 220 sovereigns of gold ornaments as gift at the time of her marriage by her parents, relatives and friends -..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Agricultural land - Suit seeking injunction in respect of an agricultural land instituted without plaintiffs being recorded in revenue records - Plaintiffs having utterly failed to prove by pleading or by adducing evidence that they are owners in possession of suit property - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 38, Evidence Act, 1872, Section 102 -- Permanent injunction - Burden of proof - Agricultural land - Plaintiff filed suit on basis of ownership and title in suit property - However, plaintiffs upon whom burden of proof lies in view of S.101 of Evidence Act failed to produce any document pertaining to title in suit property - Entire..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - In the absence of pleading, any amount of evidence will not help the party...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widow daughter-in-law - Claim from father-in-law after death of husband - Widow daughter-in-law though pleaded and proved that she is unable to maintain herself out of her own earning or other property, but there is no specific pleadings much less evidence to fulfill statutory conditions enumerated in..........
Criminal trial -- Pleading guilty - Guilt can be pleaded on three occasions: (i) at the time of framing of charge; (ii) on moving an application during evidence; (iii) recording statement of accused u/s 313 Cr.P.C...........
Hindu Adoptions and Maintenance Act, 1956, Section 6, 7, 11 -- Adoption - Validity - Partition suit - Plaintiff admitted in her evidence that she has no proof of ceremony of giving and taking of her in adoption - Admittedly, there is no pleading in plaint regarding adoption being in accordance with provisions of the Act - Adoptive mother of plaintiff categorically stated..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of false criminal cases by wife - Wife lodged complaints which became foundation of criminal cases after started living separately from her husband - Court below raised serious doubt regarding genuineness of complaint lodged by wife - No amount of pleading or argument were advanced by..........
