Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Defendant is not admitting the main relief of specific performance as sought by plaintiff - Though he is ready to refund back the earnest money along with interest - Trial Court is not bound to pass a decree in respect of only alternative prayer only - It is open for Court either to grant main relief..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Provision contained U.O.12.R.6 CPC is not mandatory in nature - Said provision merely confers a discretionary power upon Court to pronounce judgment and decree on basis of admissions made by parties - Use of expression "may" in the Rule, rather than "shall," indicates that power is enabling and..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court must, in each case satisfy itself that admission relied upon is complete, definite and incapable of any other interpretation before invoking said provision...........
Indian Penal Code, 1860, Section 354, 354B, 506II, Protection of Children from Sexual Offences Act, 2012, Section 8, 12 -- Outraging modesty of woman - Victim was minor girl on the date of incident - However, prosecution failed to prove that accused used criminal force on the minor victim with intention of outraging her modesty, lifted her clothes and opened zip of her..........
Hindu Marriage Act, 1955, Section 12, 13 -- Divorce - Infertility (barrenness) of wife - Divorce petition dismissed on the ground that barrenness is not a ground for divorce within the purview of Hindu Marriage Act - However, in the impugned order it is not clear whether wife was barren or not and no conclusive proof of barrenness of wife is on record - Husband wants to..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - S.12 of the Act provides mandatory bail to a juvenile in conflict with law unless grounds provided u/s 12 Proviso of the Act is present - Juvenile should be reformed, rehabilitated and not punished - Bail is a rule and jail is an exception - Bail granted to juvenile...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - A document or statement recorded in another proceeding unless duly exhibited and proved as admissible evidence during the trial of civil suit in accordance with law of evidence, cannot ipso facto constitute an admission that is conclusive and dispensatory of requirement of proof U.O.12.R.6 CPC - Such..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Object of provision U.O.12.R.6 CPC is to enable a Court to pronounce judgment based on admissions that are so unequivocal, unambiguous, unconditional and express that they render any further detailed adjudication in the matter wholly unnecessary and superfluous - This power being in the nature of an..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court before invoking provision U.O.12.R.6 CPC, must be satisfied beyond cavil that admission is of a conclusive nature and does not hinge upon proof or disproof of any other collateral fact in issue...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Oral or documentary admission not forming part of formal mechanism provided by O.12.Rr.3A, 4, 5 CPC or pleadings, must, at the very least, be duly proved as evidence in accordance with Evidence Act and satisfy the rigorous test of conclusiveness before it can become bedrock for a decree U.O.12.R.6 CPC...........
