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Documents citing Bhagwati Prasad vs Shri Chandramaul on 19 October, 1965

Essar Oil Ltd vs Oil And Natural Gas Corporation Ltd on 14 January, 2016

24. Learned senior counsel for the claimant distinguished the judgment of Supreme Court in case of Bhagwati Prasad vs. Chandramaul (supra) on the ground that in that matter though there was no pleading on a particular issue, evidence was led by that party, the other party had not raised any objection though had an opportunity to raise objection in respect of such evidence. The grievance was made for the first time before the Division Bench. In that context, the Division Bench held that the objections ought to have been raised when such evidence was led without any pleadings. He submits that the said judgment does ::: Uploaded on - 14/01/2016 ::: Downloaded on - 17/01/2016 00:01:34 ::: Kvm 12 ARBP267.11 not apply to the facts of this case at all.
Bombay High Court Cites 55 - Cited by 0 - R D Dhanuka - Full Document

Swami Vasudevanand Saraswati Disciple ... vs Jagat Guru Shankarcharya Jyotishpeeth ... on 22 September, 2017

498 687 622 17 Bhagawati Prasad Vs Chandramaul, AIR 1966 SC 735 684, 686 617, 620 18 Bhanu Kumar Jain Vs. Archana Kumar, 2005(1) SCC 787 527, 541 489, 502 19 Bibi Rahmani Khatoon and others Vs. Harkoo Gope and others (1981) 3 SCC 173 417, 421, 422, 424 422, 426, 427, 428 20 Bihar State Board of Religious Trust Vs. Mahant Sri Biseshwar Das, AIR 1971 SC 2057 267 220 21 Bijoe Emmanuel and others Vs. State of Kerala and others, 1986(3) SCC 615 317 252 22 Blair Vs. Churran (1939) 62 CLR 464 490 463 23 Bramchari Sidheswar Shai and others Vs. State of West Bengal AIR 1995 SC 2089 303, 314 244, 250 24 Brij Narain Singh Vs. Adya Prasad, JT 2008 (3) SC 1 460 450 25 Byathaiah (Kum) and others Vs. Pentaiah (Kum) and others, 2000 (9) SCC 191) 504 472 26 Cassomally Vs. Carrimbhoy (1911) 36 Bom.
Allahabad High Court Cites 273 - Cited by 1 - Full Document

M/S. Oil And Natural Gas Corporation Ltd vs Essar Oil Ltd on 14 January, 2016

24. Learned senior counsel for the claimant distinguished the judgment of Supreme Court in case of Bhagwati Prasad vs. Chandramaul (supra) on the ground that in that matter though there was no pleading on a particular issue, evidence was led by that party, the other party had not raised any objection though had an opportunity to raise objection in respect of such evidence. The grievance was made for the first time before the Division Bench. In that context, the Division Bench held that the objections ought to have been raised when such evidence was led without any pleadings. He submits that the said judgment does ::: Uploaded on - 14/01/2016 ::: Downloaded on - 17/01/2016 00:01:28 ::: Kvm 12 ARBP267.11 not apply to the facts of this case at all.
Bombay High Court Cites 55 - Cited by 4 - R D Dhanuka - Full Document

Krishan Chand Kapur vs Kishanchand Mehra And Anr. on 2 May, 1969

16. Learned Counsel for the appellant also submitted that as the defendant himself had admitted his permissible occupation of the premises in question a decree can be granted against him even on the basis of licence in accordance with the view taken by their Lordships of the Supreme Court in Bhagwati v. Chandramaul AIR 196 SC 735. In view of the fact that I have come to the conclusion that relief can be granted to the plaintiff on the basis of sub-tenancy it is not necessary to decide the question whether the plaintiff can be given relief on the basis of licence?
Rajasthan High Court - Jaipur Cites 5 - Cited by 1 - Full Document

Asha Rani Singhal vs S. Jaspal Singh on 4 September, 2014

Similar view was taken by the Hon'ble Apex Court in Bhagwati Prasad Vs. Chandramaul (supra) by holding that "If a plea is not specifically made and yet it is covered by an issue by implication, and the parties knew that the said plea was involved in the trial, then the mere fact that the plea was not expressly taken in the pleadings would not necessarily dis­entitle a party from relying upon it if it is satisfactorily proved by evidence."
Delhi District Court Cites 10 - Cited by 0 - Full Document

Sh. Vijay Singh vs Manali Malik & Ors. Page No. 1/75 on 31 March, 2022

24. Ld. Counsel for plaintiff has also relied upon the judgment in Bhagwati Prasad Vs. Chandramaul (1966) 2 SCR 286, wherein it has been held as under :­ "But in considering the application of this doctrine to the facts of the present case, it is necessary to bear in mind the other principle that considerations of form cannot over­ride the legitimate considerations of substance. If a plea is not specifically made and yet it is covered by an issue by implication, and the parties knew that the said plea was involved in the trial, then the mere fact that the plea was not expressly taken in the pleadings would not necessarily disentitle a party from relying upon it if it is satisfactorily proved by evidence. The general rule no doubt is that the relief should be founded on pleadings made by the parties. But where the substantial matters relating to the title of both parties to the suit are touched, though indirectly or even obscurely in the issue, and evidence has been led about them, then the argument that a particular matter was not expressly taken in the pleadings would be purely formal and technical and cannot succeed in every case. What the Court has to Vijay Singh & Ors. Vs. Manali Malik & Ors. Page No. 33/75 consider in dealing with such an objection is : did the parties know that the matter in question was involved in the trial, and did they lead evidence about it ? If it appears that the parties did not know that the matter was in issue at the trial and one of them has had no opportunity to lead evidence in respect of it, that undoubtedly would be a different matter. To allow one party to rely upon a matter in respect of which the other party did not lead evidence and had had no opportunity to lead evidence, would introduce considerations of prejudice, and in doing justice to one party, the Court cannot do injustice to another."
Delhi District Court Cites 39 - Cited by 0 - Full Document
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