Civil Procedure Code, 1908, Order 41, Rule 19, Limitation Act, 1963, Section 5 -- Restoration of appeal dismissed in default - Condonation of delay in filing application U.O.41.R.19 CPC - Restoration application though required to be filed within 30 days from date of dismissal of appeal, but same was filed with a delay of about 22 months - No cause much less sufficient..........
Civil Procedure Code, 1908, Order 8, Rule 3, 5 -- Written statement - Specific denial - General principle that a defendant who proposes to deny truth of an allegation against him/her ought to do it either specifically or necessary implication in lieu of mere general or evasive denial, applies to Family Courts also...........
Civil Procedure Code, 1908, Order 8, Rule 3, 5 -- Written statement - Evasive denial in pleadings of a defendant is treated by law to be an admission of truth of allegations made against him, unless Court in its discretion is of opinion that u, denied fact must, nonetheless, be proved otherwise than by such deemed admission...........
Bombay Entertainment Duty Act, 1923, Section 3(1)(b), 3(2), 3(5)(a), 2(a1) -- Levy of entertainment duty - Amusement park - Activities undertaken by petitioners are not falling part of S.3(2) of Bombay Entertainments Duty Act - Petitioners cannot claim benefit under said Section and thus, not entitled to rebate of 50% provided to specified category of persons in S.3(2) of..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Plaintiff sought declaration with regard to Will being a forged and fabricated document - There is omission with regard to framing of an issue with regard to declaration which will go to root of matter - Application rightly allowed - However, only one opportunity to lead evidence is granted to..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5 -- It is only the parents and senior citizens who can approach Tribunal constituted under the Act...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5, 4 -- It is only the parents and senior citizens who can approach Tribunal constituted under the Act - However, in the event a senior citizen or a parent is unable to make an application, an application u/s 4 of the Act may be made by any other person or organisation...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5, 4, 23 -- Senior citizen - Death during pendency of proceedings - Legal heirs of senior citizen not entitled to pursue proceedings before Tribunal...........
Civil Procedure Code, 1908, Order 37, Rule 3(5), (7) -- Summary suit - Leave to defend - Delay in applying leave to defend the suit - If sufficient cause is shown by defendant in filing application for leave to defend, Court may excuse delay in applying for leave to defend the suit as per O.37.R.3(7) CPC...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - In absence of an application supported by affidavit U.O.37.R.3(5) CPC, if written statement is filed by defendant, it cannot be taken on record...........
