Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Additional issue - Suit for declaration and possession - Defendant raising plea of adverse possession - Framing of additional issue with regard to adverse possession - Trial Court striking issue in that regard placing onus of proof upon defendant - Order upheld...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off pleadings - Pleadings which are scandalous and frivolous can be struck off but pleadings lacking in truth cannot be struck off as same are to be tested during trial...........
Protection of Women From Domestic Violence Act, 2005, Section 23(2), 28 -- Interim maintenance - Default in payment - Striking off defence - Wife is a dependent unemployed woman and husband has ability to maintain her - Interim maintenance was awarded in 2018 by trial Court but not a single month's maintenance is paid so far - Failure on the part of husband to pay interim..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Four opportunities were granted to defendants to file their written statement, however, they failed to do so - If defendants are not granted one opportunity to file their written statement, they would suffer irreparable loss which in turn would..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Non-payment of maintenance - Striking off defence of husband - Husband deliberately and intentionally did not abide by orders of Supreme Court, High Court and Family Court - Instead of paying maintenance as directed by Court, husband preferred to repeatedly flout the directions of High Court - Family Court..........
Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of study or Training and Increase of admission Capacity in Dental Colleges) Regulations,2006 -- Amendment u/regul 6(2)(h) of Regulation - Striking of - Amended Regulation has a direct nexus with object to be achieved i.e providing adequate teaching and training facilities to..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Tenant admitted that she has paid rent from time to time and she is tenant - She also admitted that she has never paid rent before Court concerned after first hearing of suit as required U.O.15.R.5 CPC - Defence of tenant rightly struck off...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Any deposit made prior to first appearance in SCC suit may be adjusted for arrears of rent due upon filing an application, but after institution of suit, it is mandatory requirement to deposit rent before Court, where suit is instituted...........
Consumer Protection Act, 1986, Section 2(c) -- Consumer complaint - Striking of surveyor from array of parties - Would not make complaint disjoined as it is duty of NCDRC to strike of unnecessary party...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Sufficient opportunities were granted by trial Court to defendant to file its written statement - However, defendant chose not to appear before trial Court - Though defence of defendant rightly struck off by trial Court, but since defendant is a..........
