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

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