Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Defendant himself admitted that plaintiff obtained survey nos.28 & 35 in partition and his family members have received some parts in partition - They cannot be permitted to challenge said partition especially when trial Court and Appellate Court have found said partition..........
Evidence Act, 1872, Section 17, 21 -- Admission - An admission by a party in a previous suit or proceedings is admissible in evidence in a subsequent suit or proceedings - Admission is only a piece of evidence to prove a fact - It does not operate as estoppel unless other party has acted upon it...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Money suit - Claim of share of rent by co-owner - Entitlement to part of rent by virtue of having 2/3rd share of plaintiff in suit property, is admitted by defendant himself - Said admission operates as an estoppel against defendant and he cannot be allowed to resile for it - Even tenant also admitted..........
Evidence Act, 1872, Section 17 -- Admission - Admissions are not conclusive proof of matter admitted - But they may operate as estoppel and one can prove that it was made under mistake of law or fact or under threat or inducement - However, in the absence of such proof of threat or inducement or mistake of law, admission made by persons constitutes good evidence against..........
Evidence Act, 1872, Section 17 -- Admission - Made in the evidence, although not conclusive proof of the facts admitted and may be explained or shown to be wrong, would still raise an estoppel and shift the burden of proof on the person making them or his representative in interest - Unless shown or explained to be wrong, they are efficacious proof of the facts admitted...........
Evidence Act, 1872, Section 58 -- Admission - Made by a party though not conclusive, is a decisive factor in a case unless the other party successfully withdraws the same or proves it to be erroneous - Even if the admission is not conclusive it may operate as an estoppel - Law requires that an opportunity be given to the person who has made admission under..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Evidence Act, 1872, Section 116 -- Eviction petition - Estoppel - Admission of ownership of landlord by tenant in written statement filed in earlier rent petition - In present eviction petition submission made by counsel for tenant that landlord had failed to prove his ownership - Held, submission is of no help -..........
Constitution of India, 1950, Article 14, 226 -- Education - Admission - LL.B. Course - Cancellation of admission - Estoppel - Compensation/damages - Admission of the petitioner cancelled by the respondent university as he had less than 45% marks in the qualifying examination and as such was ineligible for admission to LL.B. course - The University never approved the..........
Constitution of India, 1950, Article 14 -- Study leave - Promissory estoppel - The respondents were not only knowing the strength of the doctors but had taken a conscious decision to allow the Doctors as per seniority to pursue the PG Course - Thereafter the petitioner was permitted to take the test as per rules and guidelines after recording that the study to be taken by..........
Evidence Act, 1872, Section 18 -- Admission - An admission is not conclusive as to the truth of a matter stated therein - It is only a piece of evidence, the weight to be attached to which must depend on the circumstances under which it is made - It can be shown to be erroneous or untrue, so long as the person to whom it was made has not acted upon it to its detriment,..........
