AI Overview...
- Counter Claim Filed after Proof Affidavit - Main points and insights:
- In several cases, respondents or defendants have filed counter affidavits or counter claims subsequent to the petitioner's or plaintiff's proof affidavits. For instance, in Kolla Sambaiah VS State Bank of India - Andhra Pradesh, the bank filed affidavits to substantiate its claim in the Original Application (OA), and later, the petitioner sought to cross-examine the deponents of these affidavits.
- Similarly, in SWEETY vs MANOJ - Kerala, the family court case involved a counter claim filed by the petitioner after the respondent's proof affidavit, highlighting procedural opportunities for amendments and additional pleadings post-proof.
- In cases like T. Kailash VS State of Andhra Pradesh - Andhra Pradesh and Ganja Srinivas VS State Of A. P. - Andhra Pradesh, the respondents filed counter affidavits challenging claims related to eviction and compensation, but contentions alone, without supporting proof, were deemed insufficient.
- In KAMALA vs V AJAYAKUMAR - Kerala, the petitioner sought to review a judgment and indicated procedural lapses in the counter claim and proof affidavits filed by the respondent, emphasizing the importance of following proper legal procedures.
- Other instances, such as R. Jaganathan VS V. G. Santhi - Madras, involved a respondent filing a counter claim based on an alleged admission by the petitioner, and SALNAZ SALIM RAJ, Vs NESLIN NAZAR M.A - Kerala, where petitioners sought amendments to their counterclaims after evidence was closed, but faced rejection from the Family Court.
- In SMT.KURUVAIKANDY JANU ALIAS BACHI Vs UNION OF INDIA,REP.BY THE SECRETARY - Kerala, the absence of documentary evidence in the counter affidavit led to rejection of pension claims, illustrating that counter affidavits lacking proof are often insufficient.
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In R. J. Jayanthi VS Apollo Sindhoori Commodities Trading Ltd. , rep. by its Sr. Manager (Legal), Chennai - Madras, a reply affidavit and proof affidavit were filed by Swaminathan before the Arbitrator, indicating that proof affidavits can be filed after initial counter statements to substantiate claims.
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Analysis and Conclusion:
- The sequence of filing counter claims or counter affidavits after proof affidavits is permissible within certain procedural frameworks, but such filings must adhere to legal procedures, including timely submission and adequate proof.
- Filing a counter claim post-proof affidavit is often used to challenge or supplement the original case, but courts and tribunals scrutinize whether proper evidence supports these claims.
- Contentions without supporting proof are generally insufficient, and amendments after evidence closure are typically disallowed unless exceptional circumstances are demonstrated (see SALNAZ SALIM RAJ, Vs NESLIN NAZAR M.A - Kerala, SMT.KURUVAIKANDY JANU ALIAS BACHI Vs UNION OF INDIA,REP.BY THE SECRETARY - Kerala).
- Overall, the main insight is that while counter claims filed after proof affidavits are permissible, they require proper procedural compliance and substantiation with evidence to be considered valid.
Search Results for "Counter Claim Filed after Proof Affidavit Filed by the Petitioner"
2019 0 Supreme(AP) 212 • India - Andhra Pradesh
M.SEETHARAMA MURTI, J.UMA DEVI
affidavit/s filed on behalf of the bank in proof of its claim in the OA. ... affidavit/s filed or may be filed in due course to establish the case of the bank in the OA. ... The 1st respondent bank resisted the said application by filing a counter. ... Later, the petitioner filed the subject application before the Tribunal seeking permission to cross-examine the deponent/s of the affidavit/s #HL_S....
2017 Supreme(Online)(KER) 14172 • India - High Court of Kerala
A.M.SHAFFIQUE, K.RAMAKRISHNAN, JJ
Fact of the Case: The petitioner challenged an order allowing limited amendment to a divorce petition, incorporating ... P5 TRUE COPY OF COUNTER CLAIM FILED BY PETITIONER HEREIN IN OP NO. 312/2012 OF FAMILY COURT IRINJALAKUDA. P6 TRUE COPY OF THE PROOF AFFIDAVIT FILED BY THE RESPONDENT IN OP 312/12, FAMILY COURT IRINJALAKUDA. ... P8 TRUE COPY OF THE PETITION, IA NO.2591/2016 FOR AMENDMENT FILED BY THE RESPONDENT UNDER ORDER VI RU....
2023 0 Supreme(AP) 372 • India - Andhra Pradesh
TARLADA RAJASEKHAR RAO
along with counter affidavit by respondents herein - Mere contentions raised in counter affidavit does not substantiate that they ... have followed due procedure of law in evicting wife of petitioner herein - There is no proof was filed that DKT patta which was ... of compensation, petitioner is entitled - Petitioner is entitled for compensation and respondents are hereby directed to initiate ... Therefore, mere contentions raised i....
2023 0 Supreme(AP) 373 • India - Andhra Pradesh
TARLADA RAJASEKHAR RAO
along with counter affidavit by respondents herein - Therefore, mere contentions raised in counter affidavit does not substantiate ... of law, therefore, Writ Petition filed for relief for payment of compensation, the petitioner is entitled - Petitioner is entitled ... as there is no proof was filed that DKT patta which was issued in favour of petitioner's wife was cancelled under due procedure ... Therefore, mere contentions raised....
2010 Supreme(Online)(KER) 46714 • India - High Court of Kerala
THOMAS P.JOSEPH, J
Petition - Specific Performance - Article 227 - Judgment Review Summary Fact of the Case: The petitioner sought to ... Issues: Whether the judgment in the original suit can be set aside and whether the petitioner was denied a fair opportunity ... No.215 of 2010 and to follow the legally envisaged procedure in the written statement against counter claim and in the proof affidavit filed by the respondent in the suit. ... Respondent sued petitioner fo....
2017 0 Supreme(Mad) 2045 • India - Madras
V.M.VELUMANI
The respondent filed a counterclaim for a decree based on an alleged admission by the petitioner. ... Issues: Dispute over mortgage repayment and alleged admission by the petitioner. ... Negotiable Instruments Act - [Order XII Rule 6 CPC, Section 118 of Negotiable Instruments Act] Fact of the Case: The petitioner ... The respondent filed written statement along with counter claim on 15.06.2007 and is contesting the suit. The petitioner fi....
2014 Supreme(Online)(KER) 40660 • India - High Court of Kerala
T.R.RAMACHANDRAN NAIR, P.V.ASHA, JJ
Fact of the Case: A petitioner filed for interim maintenance under Section 24 of the Hindu Marriage Act, 1955, while ... the respondent filed for divorce on grounds of cruelty. ... The view taken in Ext.P4 is that the petitioner has not filed any counter to the main petition and he is always at liberty to file counter with counter-claim. Reserving the right of the petitioner to claim maintenance....
2021 Supreme(Online)(KER) 13747 • India - High Court of Kerala
A. Muhamed Mustaque, SOPHY THOMAS, JJ
Fact of the Case: The petitioners sought to amend their counterclaim and proof affidavits after the evidence stage, ... The petitioners approached this Court since the Family Court, Ernakulam refused to consider the applications for amendment filed, to amend the prayers in the counter claim and also in the proof affidavits. ... EXHIBITS Exhibit P1 TRUE COPY OF THE OBJECTION ALONG WITH COUNTER CLAIM#HL_....
2011 Supreme(Online)(KER) 36770 • India - High Court of Kerala
ANTONY DOMINIC, J
Swathanthra Sainik Samman Pension Scheme - Rejection of Application - Absence of Documentary Evidence Fact of the Case: The petitioner ... Third respondent has also filed a counter affidavit, which shows that there was no documentary proof, W.P.(C).31836/11 enabling the petitioner to claim the pension and that it was therefore, that the petitioner's case could not be recommended. ... The first respondent has filed a counter #HL_STA....
2010 0 Supreme(Mad) 4502 • India - Madras
P.JYOTHIMANI
Swaminathan in filing the claim as Authorised Signatory of the First Respondent-Company. In fact, the said S. Swaminathan has filed a reply Affidavit also repudiating the Counter Statement made by the Petitioner and he has also filed a proof of Affidavit before the Arbitrator on 28.4.2008. ... Swaminathan has filed all the Affidavits before the Arbitrator and even before that filed Affid....
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