Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Striking off defence - Suit for recovery - Injustice would be occasioned to defendant if he is not granted one opportunity to file his written statement - One opportunity is thus, granted to defendant to file written statement subject to payment of costs of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit for recovery of money for damages - Damages fastened on defendants on the ground that their omissions and commissions have caused damages to building of plaintiff rendering the same uninhabitable - Said finding is based upon report of an expert, prepared and issued by a private..........
Specific Relief Act, 1963, Section 6 -- Suit filed u/s 6 of the Act - Plaintiff was in possession of property before purchase of property by both defendants - She was dispossessed without any process of law - Therefore, when plaintiff who was in settled possession of property was dispossessed by defendants without any process of law, plaintiff is certainly entitled to..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Recovery of weapon of offence - Neither recovery memo of weapon of offence exhibited by prosecution nor weapon of offence was produced in Court - Even, no motive of accused committing offence has been established by prosecution - Injured and I.O. were not produced in Court - Prosecution failed to prove its case -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession - Defendant had trespassed and entered upon possession of property - Even in injunction suit filed by defendant, he had admitted that he had been in possession of 100 Sq.Ft of land in Schedule-A property as a lessee only - He had not whispered his occupation of Schedule-A..........
Evidence Act, 1872, Section 102 -- Onus to prove - Suit for declaration and recovery of possession - When plaintiff has come with suit for declaration and recovery of possession, onus is on plaintiff to establish title in respect of which he claims right...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and recovery of possession - When there is a specific admission on part of plaintiff herself to the effect that suit property belongs to defendant, then entire relief sought for by her seeking declaration and recovery of possession in respect of suit property have to necessarily fail - More so, plaintiff also..........
Recovery suit -- Defendant was set ex parte - Only defence raised by defendant in written statement was that document admitting outstanding amount was not executed by an authorised person - However, apart from said document plaintiff has placed on record relevant invoices - Ledger statement relating to defendant shows a closing balance of Rs.2,21,40,895 - Memorandum of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quantity - S.37 of the Act is not a complete bar to grant of bail in a case where recovery of contraband drug falls within parameters of commercial quantity - It only provides that bail in such cases cannot be granted unless Public Prosecutor has been given an opportunity to..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Proceedings u/s 6 of the Act is summary proceedings - Question of title or better rights of possession does not arise for adjudication in such proceedings where only issue required to be decided is as to whether plaintiff was in possession at any time six months prior to date of filing of suit...........
