Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments in written statement as well as contentions of defendant are wholly irrelevant while considering application for rejection of plaint...........
Agreement to sell -- Suit for specific performance - Oral evidence - Written contract is on record where defendant admitted the receipt of Rs.19,00,000 - Oral statement of attesting witness of agreement to sell to the effect that at the time of execution of agreement to sell only Rs.9,00,000 was paid as earnest money and not Rs.19,00,000 cannot be accepted, particularly..........
Service -- Promotion on basis of departmental examination - Selection process - Challenge as to - Petitioners raised ambiguity in process of conducting written examination, as Subjects C and D were clubbed as one paper - However, it is clear from Rule applicable that there are four different subjects and candidates should secure 50% marks in each subject to be qualified -..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Written statement - Delay of 7 days beyond 30+45 days in filing written statement - Condonation of delay - Application for condonation of delay dismissed relying upon case of New India Assurance Company Limited - However, application for condonation of delay was filed prior to said judgment - Said judgment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to incorporate counter claim - Merits of counter claim cannot be decided at the stage of considering application for amendment and will be decided at appropriate stage - Plaintiff will be free to raise all such objections in his written statement to counter claim and also by filing appropriate..........
Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty - Unsubstantiated accusation and character assassination in a written statement would constitute mental cruelty...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Sexual assault - FIR lodged after 7th day of incident - No explanation given for such delay - However, PW4 stated that FIR lodged on very next day of incident - Such minor contradiction is possible when FIR was lodged by an illiterate lady and same was written by some other person - Even otherwise, said..........
Possession -- When it becomes necessary for Trial Court to determine what is status of property and when possession is not disputed, who and in what part of suit property is in possession other than defendant, thus, Court may take recourse to following actions: (i) Issue commission under O.26.R.9 CPC: A determination through commission, upon institution of a suit shall..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for Mandatory injunction - Title of plaintiff over suit property is not admitted by defendant - Even, plaint does not disclose as to how plaintiff acquired title over property in question - Specific case of defendant in written statement is that he became owner of part of suit property under..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Suit for permanent injunction and restoration of possession - Defendant/transferee has taken possession of suit property in part performance of contract - However, defendant not pleaded that he is ready and willing to perform his part of contract - Defendant ought to have sent a written..........
