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...........
Consumer Protection Act, 1986, Section 27A -- Appeal - Order passed under Section 27 - Expression 'both on facts and law' - Appearing in Section 27A(1) means the 'facts' on the basis of which a party is punished and the point of law involved therein while passing punishment under Section 27(1) of the Act...........
Adverse possession -- Plea set up in defence - It is for party setting up plea of adverse possession to state and prove date from which his possession became adverse to person having title - In absence of details plea cannot be entertained. (Limitation Act, 1963, Art.65)...........
Civil Procedure Code, 1908, Section 151 -- Inherent power - Selling same site to different persons - Illegal act of House Building Society - Court in such cases can exercise its inherent power to direct delinquent society to make good loss suffered by member even when no such prayer is made by party duped by society...........
Civil Procedure Code, 1908, Order 8, Rule 9, Rajasthan Rent Control Act, 2001, Section 15(4), 21(3) -- Reply to rejoinder - Eviction petition - Proceedings before the Tribunal shall be guided by the principle of natural justice - New pleas and facts incorporated in rejoinder - An opportunity has to be provided to the opposite party to file a counter to the same to the..........
Rajasthan Rent Control Act, 2001, Section 15(4) -- Rejoinder - Eviction petition - Petitioner in a rent application is entitled to file rejoinder, if any, to the reply filed by the opposite party as a matter of right without seeking leave of the Tribunal but rejoinder is to be confined to the new pleas or facts introduced in the rejoinder...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Object of S.311 - Held, main object underlying S.311 of the Code is that there may not be failure of justice on account of mistake of either party in bringing valuable evidence on record or leaving ambiguity in statements of witnesses examined from either side - Determinative factor is whether it is..........
Limitation Act, 1963, Article 121 -- Death of a party - L.R's not brought on record within time - Suit abated - Application to set aside abatement - Limitations starts from the date of death of a party and not from the date of knowledge of death...........
Procedural laws -- Procedural Laws are as valid as any other law and are not meant to be brushed aside by the Court. The provision fixing a particular time for making an application for bringing legal representatives on record with the consequence of the suit or appeal abating if no application is made within time, have been enacted for expeditious disposal of cases in the..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4, 5 -- Eviction by Govt. Co. - Burden of proof - Provisions of Evidence Act are not applicable - However, the burden of proving a fact rests on the party who substantially asserts the affirmative of the issue and not upon the party who denies it, as a negative is usually incapable or proof...........
