Civil Procedure Code, 1908, Order 37, Rule 3, 4 -- Summary suit - Leave to defend - Not applied within 10 days of service of summons - Decree passed - Application to set aside exparte decree - Summons as prescribed in Form No.4-A issued to defendant contrary to Sub-rule (4) & (5) of Rule 3 of Order 37 CPC - Summons no where mentioned that before the date given in summons,..........
Indian Penal Code, 1860, Section 366, Criminal Procedure Code, 1973, Section 482 -- Marriage against wishes of father of wife - Father of wife lodged FIR u/s 366 IPC - Affidavit filed by wife that she married against wishes of her parents - Wife present in Court admitting averments of affidavit - FIR quashed...........
Evidence Act, 1872, Section 25, Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 15, Terrorists and Disruptive Activities (Prevention) Rules, 1987, Rule 15 -- Confession - Made by accused before Police Officer - Admissible in evidence - Guidelines for recording confession are : (1) The confession should be recorded in a free atmosphere in the same..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Tests are : (a) If the defendant satisfies the Court that he has a good defence to the claim on merits, the defendant is entitled to unconditional leave to defend; (b) If the defendant raises a triable issue indicating that he has a fair or bona fide or reasonable defence, although not a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Commencement of trial - Amendment sought after filing of affidavit of examination-in-chief of witnesses but before the date for appearance of witnesses - Held, trial cannot be said to have commenced...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Compromise - Retracting therefrom - Only ground alleged that an assurance was held to do certain acts - Held, these are very unspecified and vague as well as unsubstantiated allegations which in any event do not amount to fraud or undue influence, threat, coercion or duress - No iota of allegations as to how the..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Compromise - Retracting therefrom - Compromise signed by parties and signed by Advocate alongwith affidavit in support thereof filed - Retracting therefrom - No explanation as to how and under what circumstances Advocate did sign the compromise application if fraud was played - Affidavit supporting the..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Leave to defend - Principles governing : (a) If the defendant satisfies the Court that he has a good defence to the claim on merits, the defendant is entitled to unconditional leave to defend; (b) If the defendant raises a triable issue indicating that he has a fair or bona fide or reasonable defence, although..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Appeal - Restoration of appeal dismissed in default - Application signed by Advocate only and not supported by an affidavit - Restoration application cannot be dismissed for the reason that it is not signed by the party and an affidavit in support thereof is not filed - Sufficient cause explained for non appearance by..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Examinatio, i, chief - Defendant is not expected to file affidavit when the case is posted for the plaintiff's evidence...........
