Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court cannot look into defence set up by defendant while deciding application U.O.7.R.11 CPC - Court has to presume the fact stated in plaint as correct...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court cannot look into defence set up by defendant while deciding application U.O.7.R.11 CPC - Court has to presume the fact stated in plaint as correct...........
Service -- Recruitment process - Interference by Courts - Courts will have to be cautious and therefore slow in dealing with recruitment process adopted by recruiting agency - Merely because a recruitment agency is not in a position to satisfy Court, a relief cannot be extended to a candidate deprived as it will have a cascading effect not only on said recruitment but..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleadings - Plea of 1965 partition - Specific amendment in the pleadings was sought by plaintiff with reference to 1965 partition but the same was rejected - Even the pleadings to that effect sought to be taken in replication filed by plaintiff was struck off by trial Court - In such a situation, evidence with..........
Will -- Genuineness of Will - Scribe and one of the witnesses were unison - Testator was conscious of the fact that he had a wife and a minor child whose interest had been take care of by leaving part of the property for them - No error committed by High Court in holding that Will was not surrounded by suspicious circumstances...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Madras High Court Original Side Rules not complied with - Order directing deposit of 75% of suit claim as condition precedent for condoning delay and for setting aside ex parte decree - Held, unwarranted - Instead an order of payment of cost should have been..........
Agreement to sell -- Specific performance - Plaintiff making false and/or incorrect statement in the plaint which are very material - Plaintiff not entitled to relief of specific performance - Earnest money of Rs.30,000 and damages of Rs.10,000/- with interest @ 6% per annum from the date of decree of trial Court till its payment granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c) -- Contraband - Search and seizure - Two independent witnesses who were associated in recovery proceedings were not examined in evidence and no explanation was given by prosecution as to why they were not examined - Prosecution neither examined any witness nor produced any document to satisfy..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c) -- Contraband - Search and seizure - A-3 and A-4 were not arrested at the spot - Offence u/s 20(b)(ii)(c) of the Act deals with production, manufacture, possession, sale, purchase, transport, import or export of cannabis - It is not the case of prosecution that A-3 and A-4 were found in..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - No sufficient ground to summon the opposite parties for trial with co-accused - Trial Court while rejecting the application u/s 319 Cr.P.C discussed the evidence on record and gave reasons while arriving at the conclusion - Application rightly rejected...........
