Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - L.R's substituted after death of defendant seeking amendment of written statement that admission by defendant (his father) was taken by obtaining his signature on blank paper - Rejected by Courts below - Order upheld...........
Prisons Act, 1894, Section 52 -- Punjab Jail Manual, Para 633A, 613, 627 - Remission earned by a prisoner - Cancellation by Jailor - Can be done only after the conviction is recorded against the prisoner for an offence under Indian Penal Code after his admission to jail but not before he is actually convicted - Punishment under Para 633A follows conviction and such..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - In the earlier suit plaintiff had specifically averred that deceased Gehru was deaf and dumb person with low intelligence - Only dispute was that Smt.Devkoo was not his wife and as such not entitled to act as the next friend - There was an implied admission on the part of the defendants that the deceased Gehru was..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence application-Not decided by First Appellate Court-Plea that as application not decided therefore case be remanded to First Appellate Court to decide the application and appeal afresh-Not tenable-First Appellate Court if omits to decide application for additional evidence-Implies that Court did not require..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- When additional evidence is allowed to be produced by the Appellate Court, the Court has to record the reasons for its admission...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Withdrawal of admission - Admission of joint ownership of properties sought to be withdrawn by amendment claiming properties to be personal properties - Inability to supply correct information due to ill health shown as cause for mistake - Plaintiff not to be irretrievably prejudiced by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Title of plaintiff denied in original written statement - Amendment sought to plead vesting of land in Gaon Sabha - Admission remain in tact and untouched by amendment - Evidence of plaintiff not yet concluded - No prejudice to be caused - Amendment allowed...........
Consumer Protection -- Banking service - Deficiency - Bank filing suit for recovery - Not a bar on the Consumer Commission to go into the question of defi-ciency in banking service - In the instant case bank failing to disburse total amount contracted under the agreement - Petitioners case being that they were unable to produce goods and have them marketed to pay back loan..........
Evidence Act, 1872, Section 68 -- Proviso - Document - Execution - Proof - Neither admission nor specific denial - Expression `specifically denied' in proviso to S.68 - Meaning - Denial to be clear and unqualified and not general - Proof of execution of document - Not dispensed with proviso - If execution not specifically denied - Not necessary to call attesting witness to..........
Document -- Document whether sale with condition of repurchase or a mortgage with conditional sale - No transfer of ownership on the date of execution but only a right to remain in possession of the property had been given with further condition that in case the original executants failed to pay the money by a stipulated date, another sale deed is to be executed - Mere..........
