Copyright Act, 1957, Section 62 -- Letters Patent of Madras High Court, Cl.12 - Infringement of copyright - Plaintiffs seeking leave to sue defendants - There is no specific pleading in support of leave to sue application as to how the defendants no.1 to 3 are amenable to jurisdiction of Court - Unless and until Court is satisfied that there are pleadings and materials to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - When two Courts below have recorded concurrent findings of fact against plaintiffs, which are based on appreciation of facts and evidence, such findings being concurrent in nature are binding on High Court - It is only when such findings are found to be against any provision of law or..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - When two Courts below have recorded concurrent findings of fact against plaintiffs, which are based on appreciation of facts and evidence, such findings being concurrent in nature are binding on High Court - It is only when such findings are found to be against any provision of law or..........
Evidence Act, 1872, Section 58, 17 -- Admission - Adoption - Partition suit - Judicial admission of earlier suit on record that plaintiff is adopted son of one `M', which was reinforced by admissions of PW2, plaintiff's own witness - PW2 admitted that said `M' had no issues and about 40-50 years back, `M' adopted plaintiff and properties of `M' were given to plaintiff -..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading and proof - Evidence beyond pleadings - Not to be taken on record and if it is taken then it is to be ignored...........
Hindu Marriage Act, 1955, Section 29(2) -- Customary divorce - Entry in notary register regarding execution of divorce deed - Would not itself prove contents of divorce deed and also fact that divorce deed was executed as per custom or usage and having force of law, which facts are required to be proved independently through evidence of those having personal knowledge of..........
Hindu Marriage Act, 1955, Section 11, 5(i) -- Annulment of marriage - Subsistence of prior marriage of wife at the time of marriage with husband - Plea of customary divorce taken by wife - Wife admitted her first marriage and her first husband was alive at the time of her second marriage - There is no pleading about dissolution of first marriage of wife as per custom..........
Representation of the Peoples Act, 1951, Section 100, 123 -- Election - Recounting of ballot papers - Court directed for recounting of ballot papers on ground of illegal counting with duplicacy in casting of votes - Election petition does not disclose any specific case of irregularity - Rejection of votes because the voters put their thumb impression instead of putting the..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleading - Any amount of evidence adduced without a foundation in pleading is of no avail...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Vague pleading of harassment caused to husband by wife - Even husband not specifically pleaded as to how wife caused cruelty to him - Uncorroborated evidence of husband therefore, not sufficient to state that wife caused cruelty to him - Divorce petition rightly dismissed...........
