Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - No plea either in plaint or in Memo of appeal before High Court that any allegations made by wife in written statement constituted mental cruelty - High Court however granted divorce in second appeal on ground that unfounded allegations by wife in written statement constitutes mental cruelty - Not proper - Appeal..........
Negotiable Instruments Act, 1881, Section 138 -- Post dated cheque - Becomes a cheque on the date which is written thereon - Six months period has to be reckoned from the date mentioned on the face of the cheque and not any earlier date on which the cheque was made over by the drawer to the drawee...........
Negotiable Instruments Act, 1881, Section 138 -- Post dated cheque - Becomes a cheque on the date which is written thereon - Six months period has to be reckoned from the date mentioned on the face of the cheque and not any earlier date on which the cheque was made over by the drawer to the drawee...........
Consumer Protection Act, 1986, Section 21 -- Insurance claim - Goods sent on CIF contract but did not reach consignee and believed to have been stolen or lost in transit - The consignee was not in possession of any documents of title - The letter written by consignee showed that they had not paid the value of the missing merchandise - Held that insurable interest over the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for eviction - Defendant took specific plea in the written statement that suit is liable to fail for want of proper notice - Held, plaintiff can be permitted to plead a fresh notice to quit served on the defendant after institution of the suit - Amendment allowed subject to the condition that..........
Evidence Act, 1872, Section 32 -- Dying declaration - Held, in order to make statement of a dead person admissible in law (written or verbal), statement must be as to the cause of her death or as to any of the circumstance of transactions which resulted in her death in cases in which the cause of death comes into question...........
Civil Procedure Code, 1908, Order 8, Rule 10, 5(2) -- Written statement - Non filing - Judgment - Court before pronouncing judgment has to ascertain whether facts pleaded in plaint need to be proved for granting relief claimed on basis thereof - If Court feels so it can direct that evidence be led in support of such facts pleaded in plaint...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non filing - Judgment - Not automatic - Court has discretion either to pronounce judgment on basis of facts pleaded in plaint or to make such order as it thinks fit in relation to suit...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non filing - Judgment - Court has to pass the judgment containing the relevant facts and the reasons for granting the relief...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment sought at appellate stage - Amendment sought that plaintiff had acquired another shop - No document in support thereof placed on record - Held, amendment rightly rejected...........
