Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - An issue which is not raised as per pleadings does not raise a substantial question of law u/s 100 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Words "commencement of trial" used in Proviso to O.6.R.17 CPC must be understood in limited sense as meaning the final hearing of the suit, examination of witnesses, filing of documents and addressing of arguments...........
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2, Specific Relief Act, 1963, Section 34 -- Suit for declaration - Relief of partition and possession - Plaintiff not claimed any relief of partition and possession - No pleadings regarding partition - No Court fees paid - It also not mentioned that all joint family properties are..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition filed by husband - Allegations levelled by husband against wife not of serious nature - No specific date, month or year of alleged incidents had been given either in pleadings or in statement - No evidence on record that wife was of quarrel some nature and conduct of wife..........
Hindu Marriage Act, 1955, Section 19 -- Maintenance - Widow daughter-i, law - Maintainability of application - Specific pleadings and proof by petitioner that she is Hindu and governed by Hindu Law is essential for claiming relief u/s 19 of the Act - Omission of pleadings by parties regarding applicability of Hindu Law, would render the application not maintainable...........
Civil Procedure Code, 1908, Section 11, Order 39, Rule 7, West Bengal Premises Tenancy Act, 1997, Section 7(3) -- Dismissal of application for local inspection - Second application - Res-judicata - Virtually on identical points first prayer of local inspection is rejected, hence, principle of res judicata will apply on second application - Moreover, Court has no hesitation..........
Agreement to sell -- Specific performance - Clean hands - Suppression of material facts of issuing notice, reply notice and also final notice - Contention of plaintiff that original title deed not handed over to her also found to be false from her own statement - Entire pleadings as well as documents filed by both sides, clearly prove the fact that plaintiff has not come..........
Evidence Act, 1872, Section 112, 45 -- DNA test - Issue as to paternity of Tamil film star `D' - One couple claiming maintenance from `D' on the pretext that he is their lost son - Identification marks on `D' not proved to be son of couple - `D' has no nexus with the lost son of said couple - Prima facie case not made out in favour of couple - DNA test cannot be routinely..........
Adverse possession -- Plea of adverse possession is essentially a plea based on facts - It is required to be proved by party raising it on the basis of proper pleadings and evidence - Burden to prove such plea is on the defendant who had raised it...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Courts below concurrently decreed the plaintiff's suit by recording all the findings of fact against defendant - Said findings were neither against the pleadings nor evidence and nor against any provisions of law - Question which was formulated by High Court did not involve any question of law..........
