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..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Stated to be explanatory only - Pleading has to be based on facts in concise manner - Amendment of pleadings for the purpose of explanation cannot be allowed...........
Insolvency and Bankruptcy Code, 2016, Section 5(7), (8) -- Financial creditor - Where Corporate debtor has only extended security by pleading shares, he at best will be secured debtor qua above security but shall not be a financial creditor as per S.5(7), (8) of the Act...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - No pleading in plaint in respect of document filed by plaintiff, therefore said document cannot be considered for deciding title of plaintiff of property in question...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Agricultural land - Suit seeking injunction in respect of an agricultural land instituted without plaintiffs being recorded in revenue records - Plaintiffs having utterly failed to prove by pleading or by adducing evidence that they are owners in possession of suit property - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 38, Evidence Act, 1872, Section 102 -- Permanent injunction - Burden of proof - Agricultural land - Plaintiff filed suit on basis of ownership and title in suit property - However, plaintiffs upon whom burden of proof lies in view of S.101 of Evidence Act failed to produce any document pertaining to title in suit property - Entire..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - In the absence of pleading, any amount of evidence will not help the party...........
Civil Procedure Code, 1908, Order 16, Rule 6, Representation of the Peoples Act, 1951, Section 101, 83(1)(a) -- Striking out prayer(c) - Election petition - Once it is found that neither original election petition nor amended election petition contains any pleading of material facts which would enable Court to form an opinion in terms of S.101 of Act of 1951, there was no..........
Agreement to sell -- Specific performance - Pleading that defendant has to resolve the dispute of pathway - Such condition put by plaintiff beyond terms of agreement - This disentitles plaintiff to the relief of specific performance more particularly when plaintiff himself has prayed for alternative relief of refund of earnest money...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widow daughter-in-law - Claim from father-in-law after death of husband - Widow daughter-in-law though pleaded and proved that she is unable to maintain herself out of her own earning or other property, but there is no specific pleadings much less evidence to fulfill statutory conditions enumerated in..........
