Civil Procedure Code, 1908, Order 6, Rule 2 -- Proof beyond pleading - Evidence led beyond pleadings or issues cannot be ordered to be deleted before conclusion of trial - Such evidence can be ignored being irrelevant and inadmissible only at the conclusion of trial - Court can refuse to entertain such evidence on such grounds at the time of its commencement...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading and proof - Evidence beyond pleadings cannot be looked into or relied upon...........
Evidence Act, 1872, Section 74, 76 -- Copies of decree or pleadings - Proof - Practice of calling Ahlmad from the Court for proving copies of decree or pleading must be immediately stopped - Certified copies produced from Court records must be exhibited as evidence and the relevance will be matter of argument, if Court cannot take a summary decision as regards the same...........
Insurance claim -- Repudiation - Claim with regard to four Insurance policies taken by the son of the complainant - appellant - The appellant has not produced the documents pertaining to the accidental death of his son as well as the Driving licence as he had allegedly died while driving a motor cycle - According to the complainant the driver of the lorry which was driven..........
Agreement to sell -- Specific performance - Ready and willing - Pleading and proof - Expression `Ready' and `wiling' which may appear to carry the same meaning but are not synonyms. (Specific Relief Act, 1963, S.16(c)...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Proof beyond pleading - Statement made in absence of pleadings has to be ignored...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Plot allotment - Interest - Charging of interest on installment @11% from the very beginning from May, 2001 - Demand for higher rate of interest @13% in May, 2005 from back date on the basis of objections raised by audit party - Mere pleading of the OP without any convincing proof for charging higher rate of interest - The..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleading not permissible...........
Rent and Eviction -- Sub letting - Pleading and proof - Partnership when drawn to conceal the real transaction of sub letting then Court is required to tear the veil of partnership to find out the nature of transaction entered into by the tenant - Held, in such circumstances the evidence let in by landlord cannot be ignored on the ground that there is some variance between..........
Specific Relief Act, 1963, Section 20 -- Agreement to sell - Hardship of vendor - Pleading and proof - Held, hardship, if any, in execution of sale in pursuance of agreement to sell is not only required to be pleaded but proved as well...........
