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Shyam Babu Sah vs The State Of Bihar on 24 October, 2024 cites

Kalyan Singh Chouhan vs C.P.Joshi on 24 January, 2011

16. The next decision relied on by the learned Senior counsel for the petitioner is in the case of Kalyan Singh Chouhan (supra). In this case which arose out of an election petition filed under the Representation of People Act, 1951 the Hon'ble Supreme Court held that party to the election petition must plead the material fact and substantiate its affirmation by adducing sufficient evidence. It proceeded to hold that the Court cannot travel beyond the pleadings and the issue cannot be framed unless there are pleadings to raise the controversy on a particular fact or law. It is not permissible for the Court to allow the party to lead evidence which is not in line of the pleadings. This Court finds no applicability whatsoever of the ratio of this decision to the facts of the instant case in which the constitutional validity of the proviso to section 11 (1)(c) of the Act has been challenged.
Supreme Court of India Cites 44 - Cited by 194 - B S Chauhan - Full Document

Mrs. Veena Rani And Ors. vs Mrs. Ishrati Amanullah And Anr. on 14 June, 1984

17. The next decision relied on by learned Senior counsel for the petitioner is the Division Bench judgment of this Court in the case of Mrs. Veena Rani (supra) wherein this Court held that personal necessity does not mean that the landlord must be in dire need of the house before a decree for eviction can be passed on the ground of personal necessity. Referring to the judgment in the case of Mst.
Patna High Court Cites 21 - Cited by 8 - N P Singh - Full Document

Dinesh Kumar vs Yusuf Ali on 26 May, 2010

In the case of Dinesh Kumar (supra) relied on by learned Senior counsel for the petitioner the Hon'ble Supreme Court was dealing with the law with respect to a second appeal under section 100 of the Civil Procedure Code wherein it proceeded to hold that if the High Court comes to the conclusion that the evidence on record recorded by the Courts below are perverse being based on no evidence or based on irrelevant material, the appeal can be entertained and it is permissible for the Court to reappreciate the evidence. It further held that the landlord is the best judge of his need, however, the same should be real, genuine and may not be a pretext to evict the tenant only for increasing the rent. This Court sees no application of this judgment to the facts of the instant case.
Supreme Court of India Cites 23 - Cited by 186 - B S Chauhan - Full Document
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