Civil Procedure Code, 1908, Order 8, Rule 5 -- Defendant proceeded ex parte after filing written statement - It is duty of Court to look in the pleading raised in the written statement, so as to have an appreciation with respect to the requirement of O.8.R.5 CPC including the specific denial of pleading of plaintiff, if any, or admission, if any, thereof...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of smack - Non-association of independent witnesses - No reasonable efforts were made by official witnesses to find independent witnesses so that they may join the search - After following some formality two constables were made independent witnesses and all proceedings were conducted in their..........
Indian Penal Code, 1860, Section 364, 302, 201, 34, 120B, Evidence Act, 1872, Section 8 -- Kidnapping - Murder - Motive - There is no documentary evidence with regard to land transaction between deceased and accused which is established by unshattered corroborated oral evidence - Therefore, absence of documentary evidence cannot discard motive proved by oral evidence...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of time to file written statement, beyond prescribed period, can be granted by Court in exceptional circumstances and due to reasons beyond control of defendant - But extension is not automatic - Prayer for seeking extension to file written statement has to be made in writing...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within stipulated time - Extension of time - Reason for not filing written statement within prescribed time was that summoning of remaining defendants was still not complete - Held, this is hardly a reason to justify the non fling of written statement within stipulated time frame...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(1), (4), Security Interest (Enforcement) Rules, 2002, Rule 8(5), Constitution of India, 1950, Article 35A, 246, Jammu and Kashmir Transfer of Property Act, 1977, Section 140 -- Enforcement of security interest - Anything that comes in the way of SARFAESI by way..........
Civil Procedure Code, 1908, Order 26, Rule 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, 13, 14, 15 -- Local Commissioner - Second commission - Setting aside of an earlier report - Law as to Commissions summarized viz. (i) There is no provision for setting aside the deposition recorded by the Commissioner or the report submitted thereof U.o.26.Rr.1 to 8 CPC which are dealing..........
Indian Penal Code, 1860, Section 302, Explosive Substances Act, 1908, Section 3, 4, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Appreciation of evidence - Motive - It is evident from letters that accused has reconciled to inevitability of divorce, therefore, only admissible evidence which remains against accused is motive, which itself is negated..........
Arbitration and Conciliation Act, 1996, Section 8 -- Application seeking further time to file written statement - Filing of such an application without reply to the allegations of plaint does not constitute first statement on substance of dispute - Appellant by moving an application for extension of time of eight weeks to file written statement, does not waive his right to..........
Arbitration and Conciliation Act, 1996, Section 5, 8 -- Reference of dispute to arbitrator - Refusal - Validity - High Court while rejecting the application u/ss 5, 8 of the Act, not looked into the questions as to whether there is an agreement between parties, whether disputes which are subject matter of suit fall within the scope of arbitration, whether reliefs sought in..........
