Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Sought by LRs of deceased plaintiff at the stage when suit was fixed for final arguments - Proposed amendment is subsequent event and is essential in order to avoid multiplicity of proceedings inter se parties - Amendment is not destructive to original pleadings - No prejudice is caused to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Denial of sex by wife - Wife did not permit husband to have bodily relations for a long period of more than 4 years, despite living under same roof - Wife was not suffering from any physical disability - Said fact is not specifically denied by wife in her written statement - Mental cruelty thus,..........
Bank guarantee -- Invocation of - Development project - First Respondent failed to perform its obligations as covenanted - Appellant cancelled the Letter of Intent (LOI) and resultantly invoked the bank guarantee - Between the bank and appellant, the moment there is a written demand for invoking bank guarantee pursuant to breach of covenants between appellant and first..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - Jurisdiction - Preliminary issue can be framed even before filing of written statement provided there are allegations made on oath by the parties...........
Hindu Marriage Act, 1955, Section 13(1))ia) -- Divorce - Mental cruelty - Petition by husband - Various instances of cruelty given by husband - There is no evidence from wife's side to rebut or repudiate the serious allegations against her - Rather, wife not preferred to examine herself despite numerous opportunities being given to her by Family Court - Mere denial in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At appellate stage - Eviction petition on ground of bona fide necessity for business of son - Amendment of written statement sought that son of landlord started his own business - Fact that son of landlord already started a new business, does not imply that bonafide necessity of landlord..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Recovery of 168 kg ganja - Secret information - Non-compliance of S.42(2) of the Act - Secret information though written but a copy of such written information not sent to immediate superior officer within 72 hours - Mandatory provision of S.42(2) of the Act is violated - Benefit of doubt extended to..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Specific denial - If an allegation made in the plaint is not specifically denied in written statement, then it is treated as admitted...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent prohibitory injunction - Declaration sought that suit property is ancestral property and it cannot be divested by father of plaintiff by way of relinquishment deed - No material adduced by plaintiff that suit land was ancestral property and plaintiff having coparcenary rights over the same - As..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Power of Court is to decide whether plaint discloses cause of action or not - Finding as to truth or otherwise in the allegations made in the plaint based on the contention raised by defendant in the petition U.O.7.R.11 or in the written statement is unwarranted...........
