Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 102, 4, 114 - - Ex parte decree - Setting aside - Service of summons - Presumption - Burden lies upon plaintiff to prove the report of process server was correct - On the denial of service by defendant, presumption raised under the Act on the basis of expression `may presume' stood rebutted and..........
Indian Penal Code, 1860, Section 102, 103 -- Right of private defence - Held, exercise of right of private defence even if not specifically taken in statement recorded u/s 313 Cr.P.C., it can always be gathered from surrounding facts and circumstances...........
Civil Procedure Code, 1908, Order 21, Rule 58, 97, 98, 99, 100, 101, 102, 103, 104 -- Execution - Objections - All questions raised by objector have to be comprehensively considered on their merits - O.21.R.103 CPC ordains that where any application has been adjudicated upon u/r 98 or R.100, order made thereon shall have same force and be subject to same conditions as to..........
Civil Procedure Code, 1908, Section 102, Constitution of India, 1950, Article 136 -- Petty cases - Filing of SLP - An amount of Rs.8,724/- is to be paid to respondent employee as reimbursement of his medical claim challenged by way of SLP - Held, petitioner Haryana Dairy Development Cooperative Federation Limited treating litigation as luxury must have spent amount already..........
Evidence Act, 1872, Section 101, 102, 103 -- Burden of proof - Suit for declaration and possession - Burden always lies on plaintiff to make out and establish a clear case for granting such a declaration - Weakness, if any, of the case set up by defendant is not a ground to grant relief to plaintiff...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, Transfer of Property Act, 1882, Section 52 -- Execution - Objections - Transferee pendente lite has no right to resist or obstruct execution of decree - Resistance at the instance of such person/transferee or obstruction by a person on the basis of such right is not..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 -- Execution - Objections - Framing of issues - When on its face, objections are found to be frivolous, no issues are required to be framed...........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Auction sale - Purchaser of property after attachment - Cannot raise objections against the auction sale...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 7, 19, Evidence Act, 1872, Section 102 -- Ex parte decree - Setting aside - Valid service of summons - Denial - Burden of proof - It is on the person who affirms that there was a valid service which was refused - Held, it is untenable argument that defendant must put the Court bailiff..........
Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102 -- Private defence - Everyone has a right to defend his own person and property but the right of private defence cannot be exercised for causing more harm than necessary or for taking revenge...........
