Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - To decide application filed U.O.7.R.11 CPC, Court had to look into averments of plaint and not written statement - Averments of plaint to be read as a whole to find out whether averments disclose a cause of action or whether suit is barred by any law...........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), (ii), 340, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471, 191, 192, 193 -- Explanation 2 - False evidence - At stage of investigation and prior to commencement of trial - Bar against taking of cognizance under Section 195(1)(b)(i) - Accused by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Allegation that statement of wife in her written statement as well as evidence before trial Court amounts to mental cruelty - However, it is evident that statement made by wife is in retaliation to allegation thrust upon her by husband - It was husband who filed suit for divorce on a vague..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to incorporate fact that defendant Nos.2 to 4 and plaintiff belong to same group - However, defendant already pleaded fraud and misrepresentation and also pleaded various other defences - By way of amendment, defendant wants to reopen entire case - No amendment after..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Matter was adjourned from time to time in view of COVID-19 epidemic - Delay was not that large so as to disentitle defendants from filing their written statement - U.O.8.R.1 CPC, although maximum period for filing written statement is prescribed as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Subsequent development - Eviction suit - Amendment sought to incorporate subsequent development which have taken place as plaintiff has obtained vacant possession of another shop in question - Therefore, amendment sought is just to establish that bona fide requirement is not available to..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for possession - Amount spent by J.D. on construction - In written statement J.D. has pleaded expenditure of 4.5 lakhs on construction - Operative part of judgment provides that cost of construction is payable and not current value of construction - Order assessing current cost of construction set aside - D.H...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Presumption as to - Adoptive father was not in a fit condition to give free consent at the time of adoption - Both adoptive father and natural father did not even know contents of deed - It is thus, wrongly mentioned in deed that adoption deed has been written after hearing and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Stated to be explanatory only - Pleading has to be based on facts in concise manner - Amendment of pleadings for the purpose of explanation cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plea that plaintiff will not suffer any prejudice - Plaintiff has already led his evidence - Plaintiff is likely to suffer prejudice - Order dismissing application, upheld...........
