Civil Procedure Code, 1908, Order 41, Rule 11 -- Appeal - Dismissal at admission stage - O.41.R.11 CPC provides for power to dismiss appeal without sending notice to lower Court - Thus, necessity is of admission of appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where appellate Court permits additional evidence to be adduced, O.41.R.27 CPC casts a mandatory obligation upon Court to record reasons for such admission...........
Bharatiya Nyaya Sanhita, 2023, Section 85, 115(2), 118(1), 191(2) -- Cruelty - Allegations against relatives of husband - Categorical admission of complainant that she had been residing separately from petitioners for nearly three years and had never shared a household with them - This admission strikes at the very root of allegation of cruelty - Proceedings qua..........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Proceedings u/s 7 of the Act - Locus standi to intervene in proceedings - Proceedings u/s 7 of Code are essentially bipartite at the admission stage involving only financial creditor and corporate debtor - Unrelated third parties including other creditors have no independent right of audience at this stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter affidavit - Defendants are trying to withdraw clear admission made by them by way of proposed amendments - No valid reasons were mentioned in affidavit filed in support of application as to why proposed amendment is necessary for effective adjudication of lis pending between parties - Order allowing..........
Criminal Procedure Code, 1973, Section 229 -- Plea of guilty - When a accused pleads guilty before a Court then before accepting such plea, following essential requirements must be followed to ensure that plea is valid i.e (i) first requirement is voluntariness; (ii) accused must fully understand nature of charges and essential elements of offence they are admitting to and..........
Education -- Release of marksheets and degree - B.A LLB course - Name of appellant was not included in admission disclosure list sent to committee due to a clerical and inadvertent error - Appellant has been a bona fide student of University and had cleared all her examinations - She has been deprived of her documents for no fault of her for a su bstantial period of time..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Execution - Payment of decretal amount out of Court - Application seeking certification of satisfaction of decree - Once DH admits his signatures on receipt acknowledging full and final payment, evidentiary burden stands duly discharged - Admission is the best evidence against maker and unless satisfactorily..........
Evidence Act, 1872, Section 17 -- Admission - Admission is the best evidence against maker and unless satisfactorily explained is conclusive as to the facts admitted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff came to know about properties that are now proposed to be included in suit schedule properties only after analyzing admission of defendants - Proposed items of properties, could not have been brought on record prior to commencement of trial, despite due diligence by plaintiff -..........
