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Home Bare Acts Phrase: counter willCode of Civil Procedure, 1908 Rule 1 to 10
Title: Written Statement, Set-off and Counter-claim
State: Central
Year: 1908
..... (a) produced for the cross-examination of the plaintiffs witnesses, or (b) handed over to a witness merely to refresh his memory.] 2. New facts must be specially pleaded The defendant must raise by his pleading all matters which show the suit not to be maintainable, or that the transaction is either void or voidable in point of law, and all such grounds of defence as, if not raised, would be likely to take the opposite party by surprise, or would raise issues of fact not arising out of the plaint, as, for instance, fraud, limitation, release, payment, performance, or facts showing illegality. 3. Denial to be specific It shall not be sufficient for a defendant in his written statement to deny generally the grounds alleged by the plaintiff, but the defendant must deal specifically with each allegation of fact of which he does not admit the truth, except damages. 4. Evasive denial Where a defendant denies an allegation of fact in the plaint, he must not do so evasively, but answer the point of substance. Thus, if it is alleged that he received a certain sum of money, it shall not be sufficient to deny that he received that particular amount, but he must deny.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Order VIII
Title: Written Statement, Set-off and Counter-claim
State: Central
Year: 1908
1[WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM] __________________ 1. Substituted by Act 104 of 1976, section 58, for the heading "WRITTEN STATEMENT AND SET-OFF" (w.e.f. 1-2-1977)
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Section 37
Title: Counter Claim by Defendant for Any Relief
State: Central
Year: 1936
In any suit under this Act, the defendant may make a counter- claim for any relief he or she may be entitled to under this Act.
View Complete Act List Judgments citing this sectionKarnataka Court-fees and Suits Valuation Act, 1958 Section 8
Title: Set off or Counter Claim
State: Karnataka
Year: 1958
A written statement pleading a set off or counter claim shall be chargeable with fee in the same manner as a plaint.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 6
Title: Of the Construction of Wills
State: Central
Year: 1925
.....of determining questions as to what person or what property is denoted by any words used in a Will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such Will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduct to the right application of the words which the testator has used. Illustrations (i) A, by his Will, bequeaths 1,000 rupees to his eldest son or to his youngest grand-child, or to his cousin, Mary; a Court may make inquiry in order to ascertain to what person the description in the Will applies. (ii) A, by his Will, leaves to B "my estate called Black Acre." It may be necessary to take evidence in order to ascertain what is the subject-matter of the bequest; that is to say, what estate of the testator's is called Black Acre. (iii) A, by his Will, leaves to B "the estate which I purchased of C". It may be necessary to take evidence in order to ascertain what estate the testator purchased of C. Section 76 - Misnomer or misdescription of object (1) Where the words used in a Will to.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 4
Title: Of Privileged Wills
State: Central
Year: 1925
.....on amilitary expedition, but not being at sea, is considered as a soldier, and canmake a privileged Will. ______________________ 1. Inserted by Act 10of 1927, section 2 and Schedule I. Section 65 - Privileged Wills Any soldier being employed in anexpedition or engaged in actual warfare, 1 [or an airman so employed or engaged,] or any mariner being at sea,may, if he has completed the age of eighteen years, dispose of his property by a Will made in the manner provided in section66. Such Wills are calledprivileged Wills. Illustrations (i) A, a medical officer attached to a regiment is actually employedin an expedition. He is a soldier actually employed in an expedition, and canmake a privileged Will. (ii) A is at sea in a merchant-ship of which he is the purser. He is a mariner,and, being at sea, can make a privileged Will. (iii) A, a soldier service in thefield against insurgents, is a soldier engaged in actual warfare, and as suchcan make a privileged Will. (iv) A, a mariner of a ship, in the course of a voyage, is temporarily on shore while she islying in harbour. He is, for the purposes of this section, a mariner at sea,and can make a privileged Will. (v) A,.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 5
Title: Of the Attestation, Revocation, Alteration and Revival of Wills
State: Central
Year: 1925
.....validity to a privileged Will, or by the burning, tearing or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same. Explanation.In order to the revocation of a privileged Will or codicil by an act accompanied by such formalities as would be sufficient to give validity to a privileged Will, it is not necessary that the testator should at the time of doing that act be in a situation which entitles him to make a privileged Will. Section 73 - Revival of unprivileged Will (1) No unprivileged Will or codicil, nor any part thereof, which has been revoked in any manner, shall be revived otherwise than by the re-execution thereof, or by a codicil executed in manner hereinbefore required, and showing an intention to revive the same. (2) When any Will or codicil, which has been partly revoked and afterwards wholly revoked, is revived, such revival shall not extend to so much thereof as has been revoked before the revocation of the whole thereof, unless an intention to the contrary is shown by the Will or codicil.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 2
Title: Of Wills and Codicils
State: Central
Year: 1925
.....imprisonment. (iv) A threatens to shoot B, or to burn his house or to cause him to be arrested on a criminal charge, unless he makes a bequest in favour of C. B, in consequence, makes a bequest in favour of C. The bequest is void, the making of it having been caused by coercion. (v) A, being of sufficient intellect, if undisturbed by the influence of others, to make a will yet being so much under the control of B that he is not a free agent, makes a Will dictated by B. It appears that he would not have executed the will but for fear of B. The Will is invalid. (vi) A, being in so feeble a state of health as to be unable to resist importunity, is pressed by B to make a Will of a certain purport and does so merely to purchase peace and in submission to B. The Will is invalid. (vii) A being in such a state of health as to be capable of exercising his own judgment and volition, B uses urgent intercession and persuasion with him to induce him to make a Will of a certain purport. A, in consequence of the intercession and persuasion, but in the free exercise of his judgment and volition makes his Will in the manner recommended by B. The Will is not rendered invalid by the.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 101
Title: Rules of Construction Where Will Purports to Make Two Bequests to Same Person
State: Central
Year: 1925
.....intended to make the second bequest instead of or in addition to the first; if there is nothing in the Will to show what he intended, the following rules shall have effect in determining the construction to be put upon the Will: (a) If the same specific thing is bequeathed twice to the same legatee in the same Will or in the Will and again in the codicil, he is entitled to receive that specific thing only. (b) Where one and the same Will or one and the same codicil purports to make, in two places, a bequest to the same person of the same quantity or amount of anything, he shall be entitled to one such legacy only. (c) Where two legacies of unequal amount are given to the same person in the same Will, or in the same codicil, the legatee is entitled to both. (d) Where two legacies, whether equal or unequal in amount, are given to the same legatee, one by a Will and the other by a codicil, or each by a different codicil, the legatee is entitled to both legacies. Explanation: In clauses (a) to (d) of this section, the word "Will" does not include a codicil. Illustrations (i) A, having ten shares, and no more, in the Imperial Bank of India, made his Will, which contains.....
View Complete Act List Judgments citing this sectionRegistration Act, 1908 Part IX
Title: Of the Deposit of Wills
State: Central
Year: 1908
..... 1. Vide Goa Act 24 of 1985, section 3 (w.e.f. 5-12-1985). 2. Vide Karnataka Act 55 of 1976, section 4 (w.e.f. 24-10-1976). 3. Vide Kerala Act 7 of 1963, section 5 (w.e.f. 22-2-1968). 4. Vide Orissa Act 14 of 1989, section 4 (w.e.f. 19-9-1989). 5. Vide Pondicherry Act 17 of 1970, Schdule Item (1) (w.e.f. 1-11-1970). 6. Vide Tripura Act 7 of 1982, section 4 (w.e.f. 1-1-1983). Section 46 - Saving of certain enactments and powers of Courts (1) Nothing hereinbefore contained shall affect the provisions of section 259 of the Indian Succession Act, 1865, or of section 81 of the Probate and Administration Act, 1881, or the power of any Court by order to compel the production of any will. (2) When any such order is made, the Registrar shall, unless the will has been already copied under section 45, open the cover and cause the will to be copied into his Book No. 3 and make a note on such copy that the original has been removed into Court in pursuance of the order aforesaid. STATE AMENDMENTS 1Goa: In section 46,-- (a) for the words "unless the will has been already copied", the words "unless a true copy of the will has already been filed" shall be.....
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