Court : Mumbai
Reported in : 2004(2)ALLMR491; III(2004)BC352
..... accept the contention that mere allegation that the contract is fraudulent in sufficient t make out a case of fraud. the particulars of fraud are necessary to be pleaded. civil procedure code makes it obligatory to plead particulars of fraud practised and in case particulars are not given, the other side has a right to call for particulars and better particulars. the reason being that ..... should observe rules of natural justice in the conduct of the inquiry and if they do so their decision is not liable to be impeached on the ground that the procedure followed was not in accordance with that which obtains in a court of law.'the supreme court further observed in para 14 as under:'but the application of principle of ..... illegal contract for any purpose other than providing the basis of his claim to a property right.(3) it is irrelevant that the illegality of the underlying agreement was either pleaded or emerged in evidence: if the plaintiff has acquired legal title under the illegal contract that is enough'.24. now in the present case, it is necessary to consider as ..... . mr. a.m. setalvad, learned counsel appearing for the custodian, clearly conceded that the custodian has no such powers of passing an order in the nature of a decree of civil court and, therefore, during the course of argument it was suggested to the learned counsel that these orders of the custodian can at the most be treated as demand notices .....Tag this Judgment!
Court : Andhra Pradesh
..... of 1995 rules, which reads as follows:- (1) every election petition shall be enquired into by the election tribunal, as early as may be, in accordance with the procedure applicable under the code of civil procedure, 1908 for the trial of the suits: provided that it shall only be necessary for the election tribunal to make a memorandum of the substance of evidence of ..... very beginning of rule 7 of 1995 rules, it is stated that every election petition shall be enquired into by the election tribunal, in accordance with the procedure applicable under the code of civil procedure for the trial of the suits and in sub-rule 2 of the said rule, it is indicated that the election tribunal shall have powers in respect of ..... tribunal is vested with the power. in all the decisions referred to above, except in the case of tadi lakshmana rao v. challa satyanarayana (supra) either the provisions of cpc for amendment of pleadings or provisions of cpc for impleading parties or transposing parties were invoked, but not in respect of summoning a witness or receiving a document. provisions relating to amendment of ..... pleadings or impleading parties are not steps concerning trial of the suit. those provisions are concerned with pleadings and array of parties which is not part of trial, but summoning of .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2005KAR2823; 2005(5)KarLJ143
..... attention on the contents of pleadings, in the sense that, the pleadings should be relevant for the purpose of the suit or a petition; that ..... support the plea and not to supplant a plea.47. in an election petition, pleadings are very essential, relevant and precise pleadings are inevitable and though, no doubt, in terms of the provisions of the code of civil procedure, such pleading is required even in respect of plaints presented before a civil court, it is afortiori so in the case of election petitions presented under the provisions ..... the context of the application under order vi rule 16 of cpc is as to whether any part of the petition pleadings is required to be struck off applying the principles of order vi rule 16 of the code of the civil procedure.30. while the provisions of order vi rule 16 of the code of civil procedure is an enabling provision which allow the court to focus ..... taken in the order of priority in which the provisions of law occur in the code of civil procedure. accordingly, i.a. no.4/2004 filed under order 6 rule 16 of cpc is taken up for consideration.9. the prayer in the application is for striking off the pleadings in paragraphs 6,8,9 and 10 of the petition. the application is supported by .....Tag this Judgment!
Court : Rajasthan
Reported in : RLW2005(4)Raj2433; 2005(4)WLC34
..... of essentials of equity are clearly visible in the forms of pleadings contemplated by the code of civil procedure and with the insertion of section 16(c) in the act of 1963, the requirement has been put as a statutory mandate ..... the purchase-money of the said property to the defendant.'47. another significant factor to be noticed is that these kind of pleadings formed the part of code of civil procedure, 1908 even before the provision as contained in section 16(c) was enacted in the specific relief act, 1963. the elements ..... have been complied with. the learned counsel also referred to forms-47 and 48 in the appendix-a of the code of civil procedure to show that the plaint has to contain the specific pleadings about readiness and willingness.39. for seeking the answers to the questions (a) and (b), applicable provisions and ..... one may also usefully refer to forms no. 47 and 48 in appendix-a of the code of civil procedure. order 6 rule 3 cpc requires that the forms in appendix-a, when applicable, shall be used for all pleadings. form no. 47 deals generally with a suit for specific performance, whereas form no. ..... reads as under:'power to grant relief for possession, partition, refund of earnest money, etc.-(1) notwithstanding anything to the contrary contained in the code of civil procedure 1908, any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for .....Tag this Judgment!
Court : Mumbai
Reported in : (1996)98BOMLR684
..... of the election petition, by virtue of clause (c) of section 83 of he act, it is required to be verified in the manner laid down in the code of civil procedure for verification of pleadings. in the present case, we do not find any verification having been made by the election petitioner or any other person competent to verify, so far as the ..... . 1 submitted that as the concise statement is an integral part of the election petition, it is required to be verified in the manner provided for the verification in pleadings in the code of civil procedure. the same, in the present case, has not been verified by the election petitioner, and, therefore, the copy thereof, which has been served to the respondent, along with ..... virtue of section 83 of the act, an election petition is required to be signed by the election petitioner and verified in the manner laid down in the code of civil procedure for verification of pleadings. section 83 of the act also provides that an election petition shall contain a concise statement of material facts on which the petitioner relies. in the present case ..... petition. however, that concise statement, though it purports to have been signed by the election petitioner, has not been verified in the manner laid down in the code of civil procedure, 1908 for verification of the pleadings, and therefore, the copy of the election petition, which has been served to the respondent and which includes a copy of the concise statement of material facts .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2003(4)ALD546; 2003(5)ALT551
..... factum of non-compliance with the provisions of rule 3(ii) of the rules as the petitioner failed to verify the petition as prescribed for the verification of the pleadings in the code of civil procedure, 1908. in the circumstances, the question at falls for consideration is as to whether the defects so pointed out are curable or not and whether the tribunal is ..... shall, where necessary, be divided into paragraphs numbered consecutively. it shall be signed by the petitioner and verified in the manner prescribed for verification of pleadings in the code of civil procedure, 1908.'it is also apt to consider order 6 rule 15 of the cpc which is extracted hereunder:'(1) save as otherwise provided by any law for the time being in force, every ..... on the foot of the petition but not on a separate sheet, hence there is no proper verification of the pleadings.7. learned counsel for the petitioner vehemently contended that requirement of order 6 rule 15 of the code of the civil procedure is a curable defect and that the tribunal ought not to have allowed the application instead of going on technicalities. in ..... the factum of non-compliance with the provisions of rule 3(ii) of the rules as the petitioner failed to verify the petition as prescribed for the verification of the pleadings in the code of civil procedure, 1908. it is further stated that the first respondent gave the finding that there is no proper verification of the .....Tag this Judgment!
Court : Delhi
Reported in : ILR1975Delhi332
..... from the official records, which the chief secretary has believed to be true. does the same fulfill the requirement of law (10) order 6 rule 14 of the code of civil procedure requires every pleading to be signed by the party as well as by his pleader. a provision is further made that if a party were absent or for any other cause were ..... a case of election dispute arising under the representation of people act. there section 80 required the allegations in the plaint to be verified in accordancs with file procedure prescribed by the code of civil procedure, viz. order 6 rule 15. the tribunal below had dismissed the election petition. the supreme court allowed the appeal and set aside the dismissal. there were two defects ..... true is certainly a good verification of the pleadings as its object is only to fix the responsibility for the pleadings. in the port canning and land improvement co. ltd. v. dharanidhar sardar, 9 cwn 608, (4) the division bench of the high court of calcutta construing a similar provision in the old code of civil procedure, repelled the contention that deposition to the facts ..... pointed out in the varification in the case, namely, it did not have reference to the numbered paragraphs and was not dated. the court observed that the entire pleading was .....Tag this Judgment!
Court : Delhi
Reported in : 44CompCas390(Delhi); ILR1972Delhi413
..... , every pleading is required to contain a statement of the material facts on which the party pleading relies for his claim or defense as the case may be and not the evidence by ..... plead facts and not the evidence in support thereof. the existence of the fictitious deposits, according to him, was the evidence of the illegal diversion of funds and misappropriation, which he said had been amply alleged in the said paras of the petition. the contention of the learned counsel is not sound. according to order 6 rule 2 of the code of civil procedure ..... which they are to be proved. rule 4 requires that in all cases in which the party pleading ..... in the habit of moving applications at the last moment and then delay the proceedings. her grievance that the delay inherent in the court procedure should not have influenced the learned company judge to refuse passing the compulsory order is, thus. without any basis. her part in deliberately ..... fide and moved with an ulterior motive. the affairs of the company were said to have been conducted property and the practice and procedure prevalent from the time of seth shiv prasad was said to be still being followed without there being any illegalities or anything else to .....Tag this Judgment!
Court : Mumbai
Reported in : 2005(2)ALLMR527; 2005(2)BomCR245; 2005(1)MhLj643
..... officer of the corporation so also the verification of the plaint was done by the principal officer of the corporation.4. order 29, rule 1 of the code of civil procedure clearly permits that the pleadings in relation to the suits filed by the corporation can be signed and verified by a principal officer of the corporation. it cannot be disputed that once the ..... there been any objection raised at an appropriate stage and time, nothing would have prevented the courts below from exercising the powers under order i, rule 10 of the code of civil procedure to pass appropriate order in that regard as also the respondent/original plaintiff could have been put on guard and could have taken steps for amendment to the cause title ..... and, if necessary, to take steps in terms of the provisions of the order i, rule 10(1) of the code of civil procedure. it is too late for petitioner/ original defendant to non-suit the respondent/ original plaintiff purely on a technical ground and that too when the plaint on the face of ..... it discloses that the same has been filed by the corporation. time and again, it has been held that the rules of procedure are meant to facilitate the parties to place .....Tag this Judgment!
Court : Orissa
Reported in : AIR1993Ori153; 74(1992)CLT463
..... be challenged which can effectively be done in the trial court.8. the provisions contained in order 6, rule 17 of the code of civil procedure permit amendment of pleadings at any stage of the proceeding which includes the first and second appellate stages and the law is also well settled that the ..... statement took a specific objection that the suit is bad for lack of identification of the suit land. order 7, rule 3 of the code of civil procedure requires that where the subject-matter of the suit is immovable property, the piaint shall contain a description of the property sufficient to identify it ..... discretion of the courts in the matter of amendment of pleadings are to be liberally exercised. the principle derived from a large number ..... clerical error inadvertently committed. though as observed in air 1922 pc 249 (ma shew mya v. maung po mnaung) that all rules or procedures are nothing but provisions intended to secure the proper administration of justice and it is essential that they should be made to serve and be ..... sufficient for its identification, the civil court commissioner would fail to demarcate the same as the basis of demarcation is bound to he the description of the property in the plaint. the wide discretion vested on the courts in the matter of amendment of pleadings has to be exercised according to .....Tag this Judgment!