Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Non pleading of facts in the plaint - Not a formal defect - Order allowing withdrawal of suit set aside...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Husband alleges that on the first night after their marriage wife stated that she was having love affairs with someone else before her marriage and her marriage was solemnized by her parents forcibly and that she was compelled to do so - However, wife denied such fact in her written..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Cheque carries with it presumption u/ss 118, 139 of the Act - Complainant therefore not required to prove debt - However, complainant is required to plead about existence of debt in complaint - Proof of debt is different from pleading of existence of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of false criminal cases by wife - Wife lodged complaints which became foundation of criminal cases after started living separately from her husband - Court below raised serious doubt regarding genuineness of complaint lodged by wife - No amount of pleading or argument were advanced by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - General and vague allegations made by husband against wife - Merely by pleading that wife had subjected him to cruelty and further not substantiating his allegations of alleged cruelty by any cogent much less convincing evidence would not be enough to presume that marriage between parties had..........
Agreement to sell -- Specific performance - Ready and willing - Pleading and proof - Requirement of averment and proof of readiness and willingness on the part of party claiming specific performance is statutory required of law and is not at all contingent upon other party's entitlement to raise any objection on this ground...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Mere omission to make a pleading - Itself no ground to dismiss eviction application altogether, if otherwise, requirement is fulfilled in the evidence to be led from landlord`s side...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay in seeking amendment or stage of suit not the sole determining factors for consideration of application for amendment of pleading...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleading - Correction/amendment of date of marriage - Such amendment is only formal in nature and should have been allowed by trial Court rather than forcing parties to come to High Court - Rules of procedure are made for advancing cause of justice and for scuttling it - Amendment allowed...........
Civil Procedure Code, 1908, Order 7, Rule 6, Limitation Act, 1963, Section 19 -- Exemption from limitation - Pleading - Court may permit plaintiff to claim exemption from limitation on any ground not set out in plaint, if such ground is not inconsistent with the grounds set out in plaint - In the instant case, Proviso to O.7.R.6 CPC cannot come to rescue of plaintiff as..........
