Statement by counsel at Bar -- Order passed on the basis of such statement - Plea that no such statement was made - Court always trusts counsel who appear before it and passes an order recording submissions of counsel - Court is not expected to inquire whether counsel representing parties are really authorized in writing by their clients to make a particular statement...........
Statement by counsel at Bar -- Order passed on the basis of such statement - Plea that no such statement was made - When counsel makes statements before Court, before recording the same, Court will have to take an affidavit of counsel stating that they are really appearing for parties and that parties have instructed them to make a particular statement...........
Statement by counsel at Bar -- Order passed on the basis of such statement - Plea that no such statement was made - Counsel who appeared for appellants were either not authorized to represent appellants or were not authorized to make a concession - Statement given by counsel recorded in the order recalled - Appeals restored - Appellants liable to pay costs quantified at..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - When character of wife is doubted by husband without any proof, she has enough reason to live separately from her husband - Hence, plea of husband about wife not staying with him without any sufficient cause is liable to be rejected and merits no consideration - Maintenance rightly granted to wife...........
Limitation Act, 1963, Section 5 -- Condonation of delay - While considering the plea for condonation of delay, Court must not start with the merits of the main matter - Court owes a duty to first ascertain the bona fides of explanation offered by the party seeking condonation - It is only if the sufficient cause assigned by the litigant and opposition of the other side is..........
Agreement to sell -- Specific performance - Plaintiff made repeated demands to defendant to execute sale deed - Plea by defendant that plaintiff had not issued any notice asking him to execute the sale deed - There is no rule in evidence that a notice must always be in a written form...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for injunction - Plea that plaintiff should have sought for relief of declaration of order dated 15.02.2023 as null and void and only then a relief of injunction could have been granted - Injunction is granted to a title holder having prima facie case and for grant of injunction, a relief for..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Proviso - Written statement - Not filed within a period of 30 days - Commercial dispute - Court has discretion to permit a party to file written statement between day no.31 to day no.120 - While exercising this discretion, Court can impose such costs as it deems fit, as a condition for receipt of written statement - Plea that..........
Service -- Regularization - Consistent performance of appellants over their long tenures solidifies their claim for regularization - Respondents did not raise any issues regarding competence or performance of appellants during their engagement - On the contrary, their services were extended repeatedly over the years, and their remuneration, though minimal, was..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Claimants have established their case that it was the truck which was involved in the accident with car wherein deceased was travelling - Specific plea of collusion as set up by insurance company not established - Death of deceased thus, caused by driving of truck by respondent no.2 in a rash and negligent..........
