Civil Procedure Code, 1908, Order 6, Rule 15, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Written statement - Amendment - Title of plaintiff denied in written statement - Defendant setting up plea of his title - Amendment sought to take plea of possession - In fact this plea is by way of counter claim - Question of limitation for entertaining counter claim does not..........
Insurance claim -- Shopkeeper's insurance policy - Repudiation - Loss of an amount of Rs.1,00,000/- from the cashier's counter of Bank where the money was kept by the servant of appellant for depositing - Claim repudiated on the ground that the money in question was not in transit and the loss thereof not covered by the policy - Held that the process of transition was not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) & 13(1)(ib) -- Divorce petition by husband on ground of cruelty and desertion - Wife alleged to be seeking separate accommodation and that she desired to stay away from the joint family - Wife denied the allegations and made counter-allegations that she was harassed and ill-treated by her husband and his family members -..........
Indian Penal Code, 1860, Section 302, 149 -- Ten accused armed with barchhas assaulted prosecution party - One of the victims assaulted on chest and forehead died and victims PW1, 2, 4 and 7 sustained injuries - Defence contention that prosecution case was a counter blast to the case got registered by accused persons and that injury on the person of some of the accused..........
Court Fees Act, 1870, Section 7(iv), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Counter claim - Value of counter claim assessed at Rs.1, 000/- and court fee of Rs.150/- paid - Plaintiff has not rendered the account of sale made by defendant to it - There are also no objective standards on the basis of which the assessment of the valuation of the suit for..........
Criminal Procedure Code, 1973, Section 154, 156, 162 -- Cross case - FIR lodged against accused - If accused has different version of same incident he can lodge counter complaint - If police refuse to register counter complaint, it is open to Magistrate to direct Police to register complaint and investigate...........
Constitution of India, 1950, Article 227 -- Arbitration and Conciliation Act, 1996, Sections 5, 23(3) and 34(2) - Arbitration proceedings - Revisional jurisdiction - Refusal by Arbitrator to allow the petitioner to amend and to set up counter claim or take other claims - Held that it is not open to be challenged in exercise of jurisdiction under Article 227 of the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Suit for partition - Stay against alienation sought - Plaintiff and defendant were owners of different properties - Both parties claiming partition of each other's property - Making counter-claims against each other which require investigation and trial - Prima facie case found in favour of plaintiff -..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Can be filed even after filing of written statement provided such counter claim is within period of limitation...........
Family Courts Act, 1984, Section 13, Family Court Rules, 1988 -- Custody of children - Dispute as to - Representation by legal practitioner - Allegations and counter allegations for appointment of guardian - Evidence of both parties required to be recorded - When parties cannot put forward their case without the assistance of counsel then Court should permit the Advocates..........
