Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Counter claim - Impleadment of a party - Partition suit - Defendant wants to add certain parties as defendants, as they are necessary and proper parties to suit - Counter claim is in the nature of cross suit - Defendant held, entitled to add them as defendants, since he is..........
Indian Contract Act, 1872, Section 16, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Undue influence - Pleading - Pleadings completely bereft of any details or circumstances with regard to nature, manner or kind of undue influence exercised by original defendants over deceased - Bald statement made as to infirmity of deceased but deceased was not completely physically..........
Civil Procedure Code, 1908, Order 19, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 4(2), Evidence Act, 1872, Section 3 -- Affidavit - Evidence by way of affidavit - Not evidence unless an opportunity of cross examination of deponent is given to the other side...........
Civil Procedure Code, 1908, Order 19, Rule 1, Evidence Act, 1872, Section 3 -- Affidavit - Evidence by way of affidavit - An affidavit can be termed to be an evidence within the ambit of S.3 of Evidence Act only in those cases where the same is filed at the instance or under the direction of the Court or where law specifically permits for proof of anything by affidavit...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Non-compoundable offences can be quashed u/art 226 and S.482 Cr.P.C, which are overwhelmingly and predominantly of civil character arising out of commercial transactions, matrimonial/family disputes and parties have resolved their disputes amicably, as such offences are private in nature having no..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Convenience of wife takes predominance in matrimonial causes - Request of wife to transfer the matrimonial case from place `V' to `G' is thus, accepted, as it is inconvenient for wife to attend Court for 85 Kms, as she is depending on her parents - Application allowed...........
Civil Procedure Code, 1908, Section 35B -- Non-payment of costs - Striking off defence - Costs not paid on the adjourned date - It is thus, mandatory on part of Court to disallow prosecution of suit or defence as the case may be...........
Civil Procedure Code, 1908, Order 15, Rule 5, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Striking off defence - Eviction petition - Non-payment of rent - Tenant ready to deposit rent but on account of an inter-se dispute between landlords themselves as to who would be entitled to receive rent, rent was not accepted on date fixed - Therefore, it..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Subsequent event - Availability of alternative vacant accommodation - In no manner it can be said that bona fide requirement of premises stands completely eclipsed - Amendment can only be allowed when bona fide requirement stands completely eclipsed and not otherwise -..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 21, Rule 58, 101 -- Execution - Rejection of claim petition - Applicability of provision of O.7.R.11 CPC - O.7.R.11 CPC can be invoked even in respect of an application seeking rejection of claim petition filed under O.21 and relevant rules...........
