Civil Procedure Code, 1908, Order 18, Rule 5, 6, 7, 8, 9, 10, 11, 12, 13, Civil Procedure Code, 1908, Order 50, Madhya Pradesh Accommodation Control Act, 1961, Section 23C -- Rent and eviction - Proceedings before RCA under Ch.III-A of the Act are summary in nature where application of CPC is limited to extend provided u/s.23C of the Act - Procedure to be adopted is akin..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - No evidence led by husband that a decree of conjugal rights could be passed in his favour yet trial Court proceeded to grant a decree for restitution of conjugal rights - Even issues were not framed, which assumes significance especially when wife had not even admitted claim of..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Application by husband - Wife clearly stated that she does not wish to live with husband under any circumstances - Evidence on record proves that wife has withdrawn from society of husband without any just or reasonable excuse - Once it stands established that allegations of wife qua domestic violence..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Evidence of Commissioner itself is not proof of title...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Cannot be made for collecting evidence in favour of parties - Evidence which cannot otherwise be procured only has to be obtained by issuing a commission...........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - TIP of accused before Court is not the main substantive piece of evidence, rather it is corroborative in nature...........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 392, 34 -- Test Identification Parade (TIP) - Murder and robbery - When accused have not disputed their identity in cross-examination of PW9 and PW1, it is thus, too late for them to allege now that no TIP was conducted...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Plea of encroachment of land by defendant - Demarcation of suit land - Encroachment has to be proved by petitioner and for this purpose Local Commissioner cannot be appointed to collect evidence for either party - Nothing on record to suggest that petitioner approached Revenue Authorities for demarcation..........
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 9, Rule 13 -- Ex parte decree - Setting aside - Suit for permanent injunction - Plaintiff was aware of correct address of defendant but intentionally did not give the same - No explanation come forth in plaint or in evidence of giving other address of defendant, which was not supported by any documentary evidence - Application for setting..........
