Land Acquisition Act, 1894, Section 5A -- Objections to acquisition - Personal hearing-Mandatorily provided for-Does not rest on person's demand for persona) hearing - No persona) hearing of objections-Non compliance with mandatory provisions of Section 5A-Acquisition invalid-Mere submission of written objections-Not sufficient compliance with Section 5A.
The heart of..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Allegations of fact - If defendant does not deny by specific averments or by" necessary implications or stating that he does not admit those allegations - Allegations to be taken to be admitted. O.8.R.5 CPC does not limit its application only to cases where a pleading has been lodged by the defendant. That the defendant has..........
Civil Procedure Code, 1908, Section 96, Order 1, Rule 10(3) -- A plea not taken by the defendant appellant in his written statement and no issue was struck on the point he is not legally entitled to take such a plea at the lime of hearing appeal, for the first time...........
Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, Section 3, 9 -- Suit by occupancy tenants having become owners of land for recovery of possession of land alleging forcible dispossession by defendants - Defendants claiming to be tenants and Civil Court having no jurisdiction - 'Later in amended written statement claiming to have become occupancy tenants..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Where no specific order for filing written statement, written statement can be filed on or before first hearing - First hearing is the day the issues are framed...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 9 -- Additional written statement - Permission sought by defendant after examination of witnesses - Permission sought setting up a new case - Permission refused...........
Civil Procedure Code, 1908, Order 6, Rule 8, Civil Procedure Code, 1908, Order 8, Rule 2 -- Plea taken in written statement not met by contra plea or evidence by plaintiff - Defendant to succeed in his plea...........
Civil Procedure Code, 1908, Order 10, Rule 1 -- Defendant present without counsel could expect a direction for filing written statement - Judge should give reasonable directions to undefended parties about the procedure to be adopted by them. Appeal allowed and opportunity given to file written statement subject to payment of costs...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- When the provisions of the rule apply - Principles governing - Held, that failure of the defendant to file the written statement does not raise the presumption that the defendant admits all the allegations contained in the plaint and so the allegations of the plaintiff must be deemed to be correct. The Court is not entitled..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issue as to jurisdiction - Objection not taken in written statement regarding jurisdiction can be considered at any stage of the suit even in absence of specific objection in the written statement...........
