Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought to incorporate the plea that tenancy is protected u/s 114 of Transfer of Property Act - Said provision is attracted only where a lease of immovable property is determined by forfeiture and not otherwise - Admittedly, this is not the case in hand - Proposed..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit filed by son from void marriage against father in respect of properties held by him - Suit is not maintainable when father is alive - Plaint rightly rejected...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - Agreements marked are though unregistered lease deed, however, same are admissible for collateral purpose in view of S.49 Proviso of Registration Act - Moreover, these agreements are not inherently inadmissible - Objection rejected...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - Agreements marked are though unregistered lease deed, however, same are admissible for collateral purpose in view of S.49 Proviso of Registration Act - Moreover, these agreements are not inherently inadmissible - Objection rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership - Amendment sought to introduce a prayer to exercise right of pre-emption - However, when right of pre-emption is not permissible under law to be exercised by plaintiff in the facts and circumstances of the case, amendment to that effect should not be allowed -..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - At the stage of rebuttal evidence plaintiff seeking demarcation of land - Plea that application is not for leading evidence in rebuttal is only for demarcation of land - Merely by changing nomenclature, prayer in the application cannot be ignored - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2003, Section 45, 3, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 109 -- Bail - Offence u/s 3 of PMLA and Ss. 13(1)(e), 13(2) of P.C. Act - Accused failed to satisfy that there are reasonable grounds for believing that they are not guilty of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment application filed after evidence of PW2 - Case is now coming up for evidence of defendants - Reasons stated by defendant for not being able to take proposed amendment prior to commencement of trial is not sufficient to conclude that in spite of due diligence, defendant could not..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Extension of time and default bail - If two applications are filed on the same day, no bail can be granted unless the prayer for extension of time is rejected...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Granted with condition to deposit an amount of Rs.15 lakhs in Court - Defendants failed to deposit the said amount even till date - Application filed by defendants for modification of said order of imposing condition rejected - Order passed by trial Court is within powers..........
