Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While determining an application filed U.O.7.R.11 CPC, Court should restrict itself to the plaint and should not go into the detail facts as provided under the written statement or even in the application filed for rejection of plaint - While scrutinizing the averments in the plaint, Court can read..........
Statement by counsel at Bar -- Order passed on the basis of such statement - Plea that no such statement was made - Court always trusts counsel who appear before it and passes an order recording submissions of counsel - Court is not expected to inquire whether counsel representing parties are really authorized in writing by their clients to make a particular statement...........
Statement by counsel at Bar -- Order passed on the basis of such statement - Plea that no such statement was made - When counsel makes statements before Court, before recording the same, Court will have to take an affidavit of counsel stating that they are really appearing for parties and that parties have instructed them to make a particular statement...........
Statement by counsel at Bar -- Order passed on the basis of such statement - Plea that no such statement was made - Counsel who appeared for appellants were either not authorized to represent appellants or were not authorized to make a concession - Statement given by counsel recorded in the order recalled - Appeals restored - Appellants liable to pay costs quantified at..........
Civil Procedure Code, 1908, Section 96(3), 96(3), Order 12, Rule 6 -- Judgment on admission - Appeal thereagainst - Defendant in the presence of his Counsel suffered a statement and accepted the claim of plaintiff - Statement of defendant recorded by Court was categoric and clear like crystal - Appeal against such decree not maintainable as per S.96(3) CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Averments sought to be incorporated by way of amendment was already in the knowledge of tenant/petitioner at the time of filing of original reply and also prior to framing of issues - Reason given in the amendment application that it was due to inadvertence/over sightedness..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Proviso - Written statement - Not filed within a period of 30 days - Commercial dispute - Court has discretion to permit a party to file written statement between day no.31 to day no.120 - While exercising this discretion, Court can impose such costs as it deems fit, as a condition for receipt of written statement - Plea that..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Proviso - Written statement - Not filed within time - Commercial dispute - Commercial Court allowed defendant to file written statement subject to condition that defendant should deposit a sum of Rs.25 lakhs in fixed deposit for three years - Though Court has powers to impose conditions, but conditions so imposed should be..........
Indian Penal Code, 1860, Section 354 -- Offence u/s 354 IPC - Quashing of FIR - Prima facie ingredients of offence u/s 354 IPC are not met keeping in view the contents of FIR, statement in the final report of I.O. and statement u/s 164 Cr.P.C of complainant - Record is silent with respect to use of any force, apart from bald assertions of mental and physical discomfort..........
Indian Penal Code, 1860, Section 506 -- Offence u/s 506 IPC - Mere statement without intention would not attract the offence u/s 506 IPC...........
