Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law formulated at the time of admission of appeal - Modification - Permissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Bringing subsequent development on record and making related prayers - Neither any inconsistency nor any withdrawal of admission - Amendment allowed...........
Civil Procedure Code, 1908, Order 2, Rule 2, Limitation Act, 1963, Article 64 -- Tenant in possession of agricultural land - Collusive suit filed by third person, against landlord claiming tenancy rights - Suit decreed on the basis of admission of landlord - Tenant forcibly dispossessed - Suit for declaration challenging collusive decree filed by tenant - Collusive decree..........
Registration Act, 1908, Section 17(2) -- Family settlement - Decree based on admission of parties - Did not require registraton as decree did not create any title for the first time - Appellant had pre-existing rights in respect of disputed property. 2006(2) PLJ 403(SC) Som Dev's case relied...........
Education -- Admission - Cancellation of - Refund of fee - As per column in the admission form a candidate bound to give information if there was expulsion or disqualification for misconduct etc. for use of unfair means in any examination - In case of respondent-complainant it is alleged that his entry was banned as he was source of nuisance and was suspended from..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to (i) withdraw the admission & (ii) take destructive pleas - Application dismissed - Defendant in revision - Held - A liberal view be taken with regard to the amendments. An admission made by the party may be withdrawn or may be explained away. The defendant is even entitled..........
Tour and travels -- Loss of suit case - The detail of the contents in the lost suit case had been given in detail in the complaint filed by the petitioner/complainant total of which comes to Rs. 18,365/- - Award of compensation of Rs.17,500/- by the District Forum reduced by State Commission to Rs.5000/- with a cryptic order passed at admission stage - No ground shown by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 313 -- Ganja - Recovery of 4.5 kg. - Admission of recovery of Ganja in statement u/s 313 Cr.P.C. not only in answer to one question but in answer to many questions - Court can take into account even the inculpatory statement ignoring the exculpatory statements if it..........
Evidence Act, 1872, Section 18 -- Admission of Co-defendant - Generally admission can only be used against the party making it and not against the other party - Admission of co-defendant having joint interest in the proceedings can used against the other defendants in certain circumstances...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment should generally be allowed when it is for the purpose of determining the real question in controversy between the parties or of correcting any defect or error in any proceeding - Truth or falsity of case put in amendment cannot be taken into account while considering application for amendment -..........
