Civil Procedure Code, 1908, Section 151 -- Stay of civil suit during pendency of criminal proceedings - Petition u/s 11 Hindu Marriage Act filed by husband - Proceedings for offence u/s 376, 504 IPC pending against husband - Purpose and method of two proceedings are entirely different - Yardstick for assessment of evidence in both the proceedings are also entirely distinct..........
Civil Procedure Code, 1908, Section 96 -- First Appeal - First appellate Court must analyze entire evidence produced by concerned parties and express its opinion in proper sense of jurisdiction vested in it and by elucidating analyzing and arriving at conclusion that appeal is devoid of merit...........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 63, 65 -- Second appeal - Suit for declaration - Validity of certified copy - Trial Court while decreeing suit had taken into consideration all materials on records including certified copy which were never challenged by defendant - No glaring illegality or..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action is not limited to actual infringement of right sued on, but includes all material facts on which it is founded - However, it does not comprise evidence necessary to prove such facts - Still, it takes in every fact enabling plaintiff to obtain a decree...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Closure of - Plaintiffs filed the applications U.O.40.R.1 CPC and S.45 of Evidence Act, which was also dismissed - They did not file applications immediately on closure of their evidence or when case for first time was fixed for rebuttal evidence - Even otherwise, plaintiffs failed to make out a case for..........
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 112 -- DNA profiling - On ground of eminent need - Rejection of application - Child/plaintiff has achieved majority and wants to ascertain her paternity - If plaintiff is able to prove her case through DNA profiling, she should not be compelled to prove her case by other evidence, especially when..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Claim of right of staircase and path as easementary right - No boundary dispute - Plaintiff to prove his easementary right - Court is not to create evidence for the party to prove its case - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 15A -- Non-payment of arrears of rent - Striking off defence - Defendant contended that plaintiff did not receive the amounts - However, if it was really true, nothing prevented defendant for making deposit of amount of Rs.2,88,000 in Court itself and then informing counsel for plaintiff of the same - No evidence on record of payments of..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for declaration and permanent injunction by private trust - Pleadings in plaint making out triable issues, which have to be proved by either party during trial by letting in evidence - Issue of limitation is also a mixed question of fact and law requiring proof - Court considering application to..........
Civil Procedure Code, 1908, Order 41, Rule 27, Motor Vehicles Act, 1988, Section 166 -- Additional evidence at appellate stage - Accident - At a very belatedly stage, insurance company wants to avoid its liability to pay compensation coming up with a plea that respondent No.1 was not having a valid and effective during licence at the time of accident, which was available..........
