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Showing posts with label material facts. Show all posts
Showing posts with label material facts. Show all posts
Sunday, 19 November 2017

Whether party can be permitted to set up new case or new cause of action by amendment of plaint?

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The general rule, no doubt, is that a party is not allowed by amendment to set up a new case or a new cause of action particularly when a ...
Sunday, 29 October 2017

Whether person concealing material facts can seek assistance of Court?

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 The present petition has been filed by the petitioners for alleged bona fide requirement of Petitioner 1 only. The discussion above, mak...
Sunday, 22 October 2017

Whether plaint can be rejected if single material fact is omitted?

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In the light of the afore-stated legal position, let us examine the averments made in the plaint so as to find out whether the plaint dis...
Monday, 13 March 2017

Whether truth or otherwise of averments made in petition is material for ascertaining territorial jurisdiction of high court?

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In   determining   the   objection   of   lack   of   territorial jurisdiction this Court has to take into consideration the facts pleaded...

How to ascertain territorial jurisdiction of high court?

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Before   proceeding   to   discuss   the   matter   further   it   may   be pointed out that the entire bundle of facts pleaded need not ...
Friday, 30 September 2016

What is distinction between "Material facts" and "Material particulars,"?

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This court has repeatedly stressed the importance of pleadings in an election petition and pointed out the difference between "Materia...
Sunday, 4 September 2016

Whether it is necessary to plead material facts or particulars on basis of which cause of action for filing Election Petition has arisen?

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Now coming to the issues that are required to be framed. There can be no gainsaying of the fact that the issues are framed in respect of o...
Friday, 8 July 2016

How to determine jurisdiction of court on the basis of cause of action?

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From the aforesaid discussion and keeping in view the ratio laid down in catena of decisions by this Court, it is clear that for the purp...
Saturday, 4 June 2016

Whether plaint can be rejected if material facts constituting cause of action not pleaded?

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Presently, I am dealing with the application under Order VII, Rule 11(a) of the Civil Procedure Code claiming rejection of the petition ...
Sunday, 19 April 2015

Whether court has duty that full and material facts are brought on record ?

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As observed by this Court in the case of Zahira Habibulla Sheikh & anr. vs. State of Gujarat & ors., (2004) 4 SCC 158, the prosec...
Monday, 20 May 2013

Supreme Court: Importance of Material facts and full particulars in pleading

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Lordships of the Supreme Court in 2009 (10) SCC at page 548 have observed thus: `material facts' are facts upon which the plaintiff...