Cpc G. Surya Narayanan Mhc Advt: Order 6 rule 1 , section 100
[1/6, 18:37] Cpc G. Surya Narayanan Mhc Advt: Order 6 rule 1 , section 100
2010(2) SCJ 520
Mohd. Laiquiddin and another vs Kamala Devi Misra(d) by Lrs
question of law on the basis of pleading which will be a new plea can be permitted for the first time in high court
Order 6 rule 16
2010(2) SCJ 461
Abdul Razak (d) through Lrs & others vs Mangesh Rajaram Wagle & others
Court can strike out any pleading which is unnecessary, scandalous, frivolous or vexatious or where it tend to prejudice, embarass or delay fair trial- power shall be exercised with great care and circumspection- order of trial court refusing to strike off additional written statement restored
Order 39 rule 1&2
2010(2) SCJ 344
Skyline Education Institute ( India) P Ltd vs S.L.Vaswani and another
Once court of first instance exercised discretion based on objective consideration, supported by cogent reasons, appellate court will be very slow to interfere
[1/7, 19:14] Cpc G. Surya Narayanan Mhc Advt: Section 11
2010(3) SCJ 811
N.Suresh Nathan & others vs Union of India & others
Resjudicata is not attracted unless directly and substantially heard and decided by competent court in former case- direction for a different post does not constitute resjudicata for decision in respect of another post
Section 100 ; order 20
2010(3) SCJ 768
Santosh vs Jagat Ram & another
Suit to declare decree obtained by fraud decreed and appeal allowed – High court found the suit is beyond limitation- Held, suit filed, written statement on the same day and judgement on the same day is better example of fraud- decree of trial court restored
Order 12
2010(3) SCJ 869
L.I.C of India & another vs Ram Pal Singh Bisen
Mere admission of document no proof of content- marking does not dispense with proof- Held, admission of documents is admission of content and not its truth