Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Judicial admissions constitute waiver of proof and such admissions can be made foundation of rights of parties inasmuch as, they are different from evidentiary admissions/evidence which are not conclusive and can be shown to be wrong...........
Protection of Women From Domestic Violence Act, 2005, Section 2(a), 2(f), 2(q) -- Domestic violence - To seek relief on the ground of domestic violence, it is not necessary that woman should be related to person committing the wrong by matrimony alone, but may be by a relationship in the nature of marriage or related by consanguinity, adoption or are family members living..........
Civil Procedure Code, 1908, Section 144 -- Doctrine of restitution - Legally restitution is used in three senses: (i) return or restoration of some specific thing to its rightful owner or status; (ii) compensation for benefits derived from a wrong done to another; and (iii) compensation or reparation for the loss caused to another...........
Limitation Act, 1963, Section 14 -- Exemption of time - Seeking remedy in wrong forum - Defendant pursued the testamentary suit in bona fide belief that rights of parties to benefits of estate would also be decided therein - Benefit of S.14 of Act would be available to defendants and they cannot be precluded from filing an independent suit in establishing their claims...........
Wrong provision of law -- Mere mention of a wrong provision is of no consequence when Court is vested with required power under another provision of statute...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - As per accused, demand notice not received by him as it was sent on wrong address appears to be incorrect as summons by Court which were sent at the same address, were received by him - Moreover, notice which was sent by UPC did not return, which indicates that it was duly served - Both..........
Medical Negligence - - Compensation - Principle of `restitutio in integrum' - Means aggrieved person should get that sum of money, which would put him in the same position if he had not sustained the wrong - It must necessarily result in compensating the aggrieved person for the financial loss suffered due to the event, the pain and suffering undergone and the liability..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order - Denial of marriage by husband - Husband contracted second marriage without consent of his first wife - Husband cannot deny maintenance to first wife as he cannot be permitted to take advantage of his own wrong - Moreover, no recall application against ex parte proceedings was filed nor husband..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order - Denial of marriage by husband - Husband contracted second marriage without consent of his first wife - Husband cannot deny maintenance to first wife as he cannot be permitted to take advantage of his own wrong - Moreover, no recall application against ex parte proceedings was filed nor husband..........
Clean hands -- Stating wrong fact - It is an unfair device of obtaining favourable order which ostensibly amounts to interference in the dispensation of justice by abusing the process of Court - Petition dismissed with costs of Rs.20,000/-...........
