Civil Procedure Code, 1908, Order 8, Rule 3, 5, Evidence Act, 1872, Section 58 -- Specific denial - Plea relevant for the purpose of maintaining suit - Not been specifically traversed - Court entitled to draw an inference that the same had been admitted - A fact admitted need not to be proved...........
Adverse possession -- A person is said to hold the property adversely to the real owner when that person in denial of the owner's right excluded him from the enjoyment of his property...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signatures denied - Handwriting expert - When cheque is dishonoured for insufficiency of funds then there is no need for handwriting expert to give his opinion on signature on cheque - In case of denial of signature of drawer of a cheque, the best witness would be the concerned Bank Manager and not a..........
Hindu Marriage Act, 1955, Section 13(1) -- Cruelty - Persistent denial of physical relationship - Tantamount to an act of cruelty...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Failure to file - Passing of decree - Merely because there is no denial of the facts stated in the plaint, it will not be imperative for the Court to decree the suit - Court must consider facts stated in plaint and relief legally available to plaintiff before exercising its discretion...........
Adverse possession -- A plea of adverse possession arises where a person alleges long established, hostile, open and uninterrupted possession, to the knowledge of the true owner - The possession must be with intent, express or implied to hold the property in denial of the legal rights of the true owner - A successful plea of adverse possession must be adequate, in..........
Consumer Protection Act, 1986, Section 2(1)(g), Kisan Vikas Patras Rules, 1988, Post Office Savings Certificate Rules, 1960, National Savings Certificate Rules, 1989 -- Kisan Vikas Patras - National Savings Certificates - Purchased by firm - Maturity value - Denial of on the ground that the same were purchased in violation of the Rules - As per the provisions of Rules..........
Punjab State Election Commission Act, 1994, Section 81 -- Procedure before Election Tribunal - Applicability of Code of Civil Procedure - Election to the office of Sarpanch - Election petition challenging election of returned candidate - Election tribunal after recording evidence of petitioner on 15-9-04 adjourned petition for arguments - On said date arguments heard and..........
Agreement to sell -- Specific performance - Relief of - Once the suit is found to have been filed within limitation, denial of relief of specific performance cannot be denied on the ground that suit is filed after several years from date of agreement of sale...........
Fair trial -- Includes fair and proper opportunities allowed by law to prove innocence - Adducing evidence in support of the defence is a valuable right - Denial of that right means, denial of fair trial...........
