Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Non signatory Directors - Pleading - It may not be proper to split while reading the complaint so as to come to a conclusion that allegations as a whole are not sufficient to fulfil the requirement of S.141 of the Act...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - Proof beyond pleading - Evidence is to be based on pleadings - A relief can only be on the basis of pleadings alone - Only exception is when parties know each other's case very well and such a pleading is implicit in an issue - Additionally, Court can take judicial note of a fact when it is so apparent on the..........
Agreement to sell -- Suit for specific performance - Absence of pleading in the plaint that plaintiff is ready and willing to perform his part of the contract - High Court on the basis of affidavit filed in first appeal, that plaintiff is ready and willing to perform his part of the contract, decreed the suit - Held, procedure adopted by High Court to straightaway rely..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Suit for declaration of joint possession and permanent injunction - Admission of one of defendant regarding suit property is joint co-parcenary property in other suit itself does not prove that property is ancestral property when such admission is only pleading in other suit, more particularly when it is proved..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading - To contain a statement in a concise form of material facts but not the evidence by which they are supposed to be proved...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleading - Misrepresentation, fraud or undue influence - To be pleaded with particulars, dates and items in the pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - At the belated stage - Proposed amendment is not found to be necessary for the purpose of determining real question of controversy between parties - On the death of defendants when their LRs were brought on file, plaintiff could have asked for amendment at that stage but it was not done - Now,..........
Hindu Marriage Act, 1955, Section 27 -- Return of gold ornaments - Evidence of wife and her father coupled with photographs of marriage in which wife was wearing large quantity of gold ornaments and bills of such ornaments, prove the case of wife that she was given 220 sovereigns of gold ornaments as gift at the time of her marriage by her parents, relatives and friends -..........
Protection to life and liberty -- Live-in-relationship - Boy is major and girl is minor - Boy is representing girl claiming himself to be next friend of minor girl - However, petition is not signed by any of petitioners - There is no pleading by boy that his interest is not adverse to interest of minor girl and he is acting for welfare of minor girl - Boy is already..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - After filing of charge sheet - Particulars required to be given in anticipatory bail application, viz. (i) Charge-sheet along with entire material collected by I.O should be made part of anticipatory bail application; (ii) Clear pleading with reference to material on record should be made stating under which..........
