Civil Procedure Code, 1908, Order 13, Rule 10, Evidence Act, 1872, Section 74 -- Income tax returns - Income tax returns are public documents within the meaning of S.74 of Evidence Act - There is no embargo for the Court to summon the Income Tax returns of a person...........
Civil Procedure Code, 1908, Order 13, Rule 10, Evidence Act, 1872, Section 73, 74 -- Comparison of disputed with admitted signatures - Summoning of Income Tax Returns - Plea that disputed document does not contain the date, month and year of execution - Income Tax Returns sought to be summoned pertains to the period 2000-2001 - Disputed document also executed on or after..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Application for taking on record the certified copy of challan - Fact of filing FIR already indicated in the reply before Tribunal and during pendency of said proceedings challan has been filed - Once plea is raised in the written statement and a subsequent event thereto has happened, document should be..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Pleadings can be struck off in three situations : (a) when pleadings are considered as unnecessary or scandalous or frivolous or vexatious (b) if Court feels that pleadings may tend to prejudice or delay the fair trial of suit or (c) if the pleadings are otherwise an abuse of the process of Court...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Plea that suit is not maintainable in view of some provisions of law - Rival contentions of parties have to be established by producing oral and documentary evidence - Application rejected...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Dismissal of application U.O.7.R.11 CPC - Reagitating the same plea in an application U.O.6.R.16 CPC - Held, filing of such application on the similar ground, which was already taken in the previous application, is nothing but an abuse of process of law...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Out of four issues burden of proof lies on plaintiff on three issues, which includes the core issue - Directing defendant to begin is contrary to O.18.R.1 CPC and Ss.101 to 104 of Evidence Act - Impugned order of trial Court directing defendant to begin trial, held, not proper...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit - Plaint cannot be rejected only on the basis of defence theory without even looking into the entire averments of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Plaint to be read as a whole - Court has to read the plaint as a whole to find out whether it discloses a cause of action and if it does, plaint cannot be rejected - Cause of action is a bundle of facts which can be gathered based on averments made in the plaint in its entirety...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration and injunction - Plaint clearly disclosed various facts and reliefs - Whether plaintiff succeeds or not can be ascertained only after full fledged trial - At this stage, trial Court cannot conclude that suit is not maintainable - Impugned order..........
