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Showing posts with label defendant. Show all posts
Showing posts with label defendant. Show all posts
Sunday, 29 December 2024

Supreme Court: Defendant can not file counter claim solely against the co-defendants

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Normally, a counter-claim, though based on a different cause of action than the one put in suit by the plaintiff could be made. But, it appe...
Tuesday, 19 November 2024

Bombay HC: A dispute arising out of a singular transaction of assignment of debt cannot be considered a 'commercial dispute'

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In the facts of this case, the dispute relating to the transaction of  assignment of debt by the Plaintiff No. 1 in favour of the Defendant ...
Sunday, 29 September 2024

Supreme Court: Courts Cannot Prepone Date Of Hearing Without Giving Notice To Other Party

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   When the defendants had  appeared in the suit, the act of preponing the date without notice  to them or their advocate was completely ill...

Supreme court: Defendant Can Cross-Examine Plaintiff Even If Suit Is Proceeding Ex-Parte Against Him & Written Statement Isn't Filed

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On 1st July, 2002, the defendants applied for setting aside the order dated 3rd May, 2002 by which their defence was struck out. The applica...
Sunday, 17 March 2024

Under which circumstances the Appellate court can permit defendant to Add Facts Omitted Earlier In Written Statement?

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The matter in hand would go to show that the petitioner/  defendant being illiterate and pardanashin lady was in fact unable to  understand ...
Tuesday, 2 January 2024

Whether plaintiff or a defendant, while deposing as a witness, can be confronted with documents in cross- examination completely divorced from or foreign to the pleadings made?

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 The differentiation between the party to a suit and a witness, as is made clear by our earlier discussion, is not something that gels with ...
Friday, 22 September 2023

Under which circumstances the court can grant relief to defendant?

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  It has long been recognized that one or more of several persons jointly interested can bring an action in respect of joint property and if...
Sunday, 3 September 2023

Under which circumstance the court can reject application of defendant for production of document at the stage of their evidence?

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  The revision-petitioners though stated that they referred the documents during the cross-examination of P.W.1, did not produce the said do...

Whether a person can seek that he be added as party to a suit if there is any dispute between him and defendant?

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 Point No. (i):- The interveners mainly contended that the property has wrongly been sold by Mahabir Singh his uncle even including the shar...
Friday, 28 April 2023

Can a defendant who is a stranger to the sale deed challenge it?

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   In Lal Achal Ram v. Raja Kazim Hussain Khan (1905) 32 IA 113, the Privy Council laid down the principle that a stranger to a sale deed ca...

Should the court rely on the defence taken by the defendant if he fails to give his evidence before the court and gets cross-examined?

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Having not entered into the witness box and having not presented himself for cross-examination, an adverse presumption has to be drawn again...
Sunday, 20 November 2022

Whether defendant can take all pleas available to him to defeat suit of plaintiff?

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  The above decisions appear to be based on the principle that a person in his capacity as a defendant can raise any legitimate plea availab...

Whether conduct of defendant who is seeking vacation of interim order should also be fair and honest?

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    The Wander Ltd. v. Antox India P. Ltd.  (supra) fell for consideration in Gujarat Bottling Co. Ltd. v. Coca Cola Co. MANU/SC/0472/1995 :...
Sunday, 31 July 2022

Under which circumstances the court can direct defendant to adduce his evidence first?

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Thus, in view of the aforesaid, it is clear that if the defendants are able to prove the issues no. 1 and 2 with respect to which the onus  ...
Monday, 17 January 2022

Can the court ask the defendant to make his final argument before the plaintiff?

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 In the present case, I am concerned with Rule 2, which lays down the general rule that the one, which has right to begin, must "addres...
Saturday, 25 December 2021

Whether the court would pass judgment on admission if the defendant fails to plead the date on which his adverse possession commenced?

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   With regard to what are the necessary pleadings in a case where title through adverse possession is claimed, either as a shield or as a s...

Whether court should pass judgment on admission if defence of defendant is moonshine?

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  The Division Bench of this court in  P.P.A. Impex Pvt. Ltd.  (supra) after reference to  T. Arivandandam  v.  T.V. Satyapal  (1977) 4 SCC ...
Sunday, 11 October 2020

Whether the court should order the abatement of a suit if the plaintiff fails to implead some of the legal heirs of deceased defendants?

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In Daya Ram v. Shyam Sundari MANU/SC/0298/1964 : AIR 1965 SC 1049, the appellant had impleaded the heirs of the deceased respondent so far ...
Tuesday, 8 September 2020

Whether a defendant can challenge finding given by the court on the issue raised by him in his written statement?

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Mainly, it is contended by Sri Vikas Singh, learned senior Counsel for the Appellant-Defendant, that the Trial Court and the First Appella...
Tuesday, 1 September 2020

Whether licence granted to the licensee is revoked on the filing of eviction suit?

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Also, it is clarified that the plea of the defendant she had never received the legal notice dated 18.04.2015, has not been factored in thi...