Rajasthan Rent Control Act, 2001, Section 9(i), 9(m) -- Eviction petition - Recalling of order by tenant - Tenant was in no manner responsible for delay in disposal of application - Entire responsibility for causing delay was of landlord who filed his rejoinder after expiry of stipulated time limit and then kept on delaying proceedings until he could succeed to bring..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Leave of Court - Plaintiff can be permitted to file rejoinder to explain additional facts which was incorporated in written statement even though same were not mentioned in application seeking leave to file rejoinder...........
Criminal Procedure Code, 1973, Section 340, 195(1)(b) -- False evidence - Respondent allegedly stated certain facts which are not accurate in his rejoinder filed in civil suit - However, explanation offered by respondent in his rejoinder seems reasonable - It would be difficult to conclude that respondent had deliberately tried to misled Supreme Court to obtain a..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objection - Requirement of affidavit, (i) no affidavit is required to be filed with application u/s 34 of the Act except an affidavit needs to be filed only to extent that requirement of giving advance notice has been complied with; (ii) affidavit needs to be filed only in case contents have to be..........
Transfer of Property Act, 1882, Section 45 -- Joint ownership - Presumption of ownership - Predecessor of plaintiffs and defendants are brothers - They proposed to purchase property together - Subsequently, predecessor of plaintiffs retracted and was not interested to purchase property due to funds crunch - Predecessor of defendants alone paid entire consideration - Since..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Permission declined - Simple denial of facts of plaint - No new/additional facts asserted in written statement - Whatever has been stated by defendant does not call for any rejoinder/replication - Application rightly rejected...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication/Rejoinder - Non denial of contentions in the written statement - Does not amount to admission at all...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication/Rejoinder - Pleadings by way of reply/replication to the contentions in the written statement would prejudice none - Conversely, denial of leave is likely to prejudice plaintiff although non denial by him of the contentions in the written statement would not amount to their admission at all...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - It is merely an answer to the proposition raised by defendant - It has to be considered by Court strictly in accordance with law at the trial - Rejoinder allowed to be taken on record...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Dismissal of complaint on technical ground - Non filing of rejoinder and evidence despite last opportunity - Ground for rejection of complaint is technical and in disregard to the requirements of substantial justice - Order dismissing complaint is to detract from the true purpose for which NCDRC has been..........
