Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission contemplated is admission of facts and not what petitioner understands to be an admission by opposite party, particularly when opposite party denies such admission - Moreover, opinion of petitioner would be tested at the time of final arguments of case - Application rightly dismissed...........
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...........
Evidence Act, 1872, Section 17, 21, 112 -- Admission - Paternity of child - Petitioner had not made any categorical admission in previous proceedings between him and respondent that he is father of child born to respondent - He only did not deny paternity of child - It amounts to an implied admission - He has got a plea that he did not specifically deny paternity of child..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Decree passed - Wife seeking setting aside of decree - Plea that decree of divorce by mutual consent was obtained by coercion, fraud and misrepresentation and was thus null and void and hence did not affect the marriage between the parties - One fails to appreciate what is that wife wants by filing the..........
Hindu Law -- Ancestral property - Mere admission of the nature and character of the property as ancestral would not clothe it ancestral unless and until onus to prove the same has been discharged...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Once parties are not at issue, Court is required to pass a decree...........
Civil Procedure Code, 1908, Order 37, Rule 1, 2 -- Summary suit - Suit for recovery of money - Defendant shall not defend the summary suit unless he enters appearance and the consequence of his failing to do so would be deemed admission on his part leading to entitlement of plaintiff to a decree for the sum mentioned in summons together with interest and costs...........
Arms Act, 1959, Section 25(1AA) -- Recovery of live cartridges from bungalow occupied by A-4 - Constructive possession - A-4 convicted only on the basis of his admission in cross-examination, wherein he is shown as occupier of house in records of Municipal Corporation - However, A-4 was not present in house at the time of recovery nor he was present in house for days..........
Medical Council of India Act, 1956 -- Kerala Professional Colleges Ordinance 2017 - Validity - Ordinance nullified the judgment and orders of High Court and Supreme Court and encroaches power of judiciary by regularizing admission of 180 students who were illegally admitted in Medical College - Provisions of any existing law framed by legislature not changed by State..........
Practice and procedure -- Where written statement is not filed by defendant, Court must be satisfied that there is no fact which need to be proved inspite of deemed admission by defendant...........
