Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Law of amendment, especially the written statement is liberal - Delay in filing the applciaotn for amendment is not a ground to disallow it...........
Civil Procedure Code, 1908, Order 12, Rule 6, Transfer of Property Act, 1882, Section 114 -- Statement made by a party in its petition u/s 114 of Transfer of Property Act can be considered by the Court in pronouncing the judgment on admission U.O.12.R.6 CPC in view of clear words `pleading or otherwise' used therein especially when that petition was filed in the suit...........
Compromise decree -- Suffered by a blind person - Plea of fraud - Held, merely because the defendants were blind, could not warrant an inference that the decree was outcome of fraud - Defendant signed written statement and suffered statement in the court - Mutation sanctioned - Defendants choose not to object the decree or mutation during their life time - Presumption of..........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Clearly stated in the written statement by appellant/OP that its employee accompanied the machine to the factory premises of the complainant at Dehradun, where it was delivered and intended to be installed - District Forum Dehradun rightly repelled the contention of lack of territorial jurisdiction..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Conveyor Dryers Machine - Purchase of - No such plea raised in the written statement that dryer machine was purchased by the complainant for commercial purpose and complainant not a consumer - Held that the complainant being a consumer had a right to file complaint before the Consumer Fora...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Appellant made a statement in court conceding claim of respondents - Court while relying upon the aforesaid statement passed decree in favour of defendant No.1 - No challenge to the aforesaid decree on ground that statement was not made in court or same was made by misrepresentation or playing fraud upon..........
Prevention of Corruption Act, 1988, Section 7, 20 -- Illegal gratification - Accused accepted illegal gratification for supplying copy of Jamabandi and Khasra Girdawari - Proof of demand of bribe by accused and its acceptance thereof is the sine qua-non to constitute offence of accepting illegal gratification - Complainant did not support the prosecution case - In the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Application for amendment filed in a most casual manner without disclosing anything in application as to how applicant had came to know the fact which is sought to be inserted in written statement - There is no explanation that amendment sought was not within knowledge of applicant before..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Neither facts pleaded nor any ground raised to convince that despite exercise of due diligence the matter was not raised earlier - Secondly by way of amendment admission earlier made sought to be withdrawn - Order allowing amendment without taking into account the effect of proviso of O.6.R.17..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Objections - Jurisdiction - A party who filed written statement but failed to appear after issues were framed cannot raise the objection that Arbitrator had no jurisdiction to decide the matter as it pertains to the jurisdiction of the Managing Director of the Corporation...........
