Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Interim maintenance - Plaintiff is not required to plead in negative that she has not inherited any property of her father - It is for the defendant to plead and prove that plaintiff is not an indigent person and has inherited property - Plaintiff cannot be non suited to claim interim maintenance on the ground of not..........
Companies Act, 1956, Section 397, 398, 402, Companies (Court) Rules, 1959, Rule 6, Civil Procedure Code, 1908, Order 6, Rule 4, Evidence Act, 1872, Section 58, 115 -- Petition alleging mismanagement of company by Director - Plea of fraud on part of Director has to be specifically pleaded and proved by petitioner - Admission made by petitioner in her pleading as regard..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Liability to pay - Pleading - Details as to how liability towards cheque arose need not to be pleaded - Pleading and proof is required that cheque was issued towards discharge of existing liability and it was presented for encashment and dishonoured for want of funds and he has complied with all..........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Time limit for filing amended pleadings not mentioned - Amended pleading filed beyond period of 14 days of order - Held, period of 14 days prescribed by O.6.R.18 is not mandatory and the same can be extended - It can be said that there was condonation of delay when amended pleading is taken on record beyond period of 14 days..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Agreement to sell - Suit for permanent injunction - By amendment of plaint suit allowed to be converted to be one for specific performance - However, due to negligence/inadvertence, necessary pleading that plaintiff was ready and wiling to perform his part of contract omitted - Second amendment sought for..........
Specific Relief Act, 1963, Section 16(c) -- Ready and willing - Absence of pleading - Ready and willing not to be seen from the surrounding circumstances - When there is no pleading to this effect then relief of specific performance cannot be granted...........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 10, 13 -- Plaint - Amendment - Petition for judicial separation sought to be converted to be one for divorce by amendment of plaint - Object and scope of both the petitions and parameters to be followed are different and distinct - Merely because amendment sought is not prejudicial to the..........
Hindu Marriage Act, 1955, Section 13(2)(iv) -- Marriage during minority - Repudiation - Custom prohibiting repudiation of marriage - Custom must be pleaded and proved - In absence of any pleading as to custom, no such argument can be entertained...........
Representation of the Peoples Act, 1951, Section 83, Civil Procedure Code, 1908, Order 7, Rule 11 -- Non disclosure of material fact - Construction of - Whole of the pleading relevant - Word to be given their ordinary meaning - Specific acts constituting corrupt practice averred in petition - Names of persons who witnessed commission of such practices also given in..........
Agreement to sell -- Suit for specific performance - Agreement to sell land for Rs.one lakh alleged to be of price of Rs.20 lakhs - No such plea raised in written statement - No issue framed - No evidence led that market price of the land was Rs.20 lakhs - In absence of pleading or an issue framed or evidence led, it cannot be held that agreement to sell was..........
