Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Amendment sought to seek a decree of declaration of ownership and possession over C schedule property - Though new plea is sought to be raised by plaintiff but it cannot be found that plea sought to be raised is totally inconsistent with plea..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Infringement of Trade Mark - Issues between parties already stand decided by Judgment of Intellectual Property Appellate Board (IPAB) - Said judgment became final being not challenged by either of defendants - Therefore, by applying the spirit of provision of S.11 Explanation I CPC and accepting the finality of..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - Objections taken in application are mixed question of facts and law, which cannot be decided without framing of issues - Application rightly rejected...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - In earlier suit issue of title adjudicated as part of the issues struck in a suit for grant of decree of possession - Same binds parties and subsequent suit does not lie for declaration of title...........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 15 -- Issues framed - Even then, suit can be dismissed, at a subsequent stage, by invoking provision of O.12.R.6 and/or S.15 CPC, if Court finds that plaintiff is not entitled to relief even if averments in plaint are believed...........
Indian Penal Code, 1860, Section 498A -- Cruelty - No demand of dowry nor there are allegations of harassment so as to meet a unlawful demand - Case did not and could not fall u/s 498-A IPC - There is no allegation of physical or mental torture after 1998 - Moreover, it is delayed and S.468 Cr.P.C would come into play - Even otherwise, there are general and sweeping..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 34 -- Mortgage/Secured property - DRT and DRAT concurrently held that respondents legitimately created an equitable mortgage in respect of flat in question in favour of Bank, which has security interest upon said flat - Respondents failed to file any..........
Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit - Leave to defend - Can be granted only when defendant raises genuine triable issues and not when defence raised is frivolous and vexatious...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for recovery of possession and damages - Defendants claiming delivery of possession - Onus has necessarily to be on the defendants - Defendants to lead their evidence first and if so desire can lead evidence in rebuttal on the issues of which onus is on plaintiff...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - Issues are not to be framed on every plea taken in pleadings and have to be framed only on substantial pleas which in the event of proving have a chance of succeeding...........
