Evidence Act, 1872, Section 21 -- Admission - Statement made by plaintiffs that late husband of plaintiff no.1 after the death of his wife married defendant, is undoubtedly a statement of admission, as it is made against original contention that plaintiff no.1 alone is his legally wedded wife - Said admission as per S.21 of the Act can be proved against plaintiffs by..........
Indian Penal Code, 1860, Section 376 -- Rape - Determination of age - School Certificate cannot be considered a primary evidence in the absence of admission form and scholar register of the school...........
Indian Penal Code, 1860, Section 376, 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 3 -- Rape - Conviction - Appreciation of evidence - Age of prosecutrix - On the basis of school certificate, trial Court concluded that prosecutrix was minor at the time of incident though she was a consenting party in respect of..........
Civil Procedure Code, 1908, Order 37, Rule 1, Partnership Act, 1932, Section 69(2) -- Money suit - Suit by registered partnership firm - Maintainability - Certificate of registration of plaintiff-company proved during trial - Firm being a registered partnership firm, entitled to sue and enforce its right arising out of a contract by or on behalf of any person showing as a..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3, Haryana Good Conduct Prisoners Rules, 2007, Rule 4 -- Parole - Petitioner sought his release for admission of his daughters and arranging money for their education - Ground by itself may not find mention in Act itself but would certainly be covered u/S.3(1)(d) of Act, as it would constitute any other..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Civil dispute - Agreement between parties regarding supply of goods - There was no mal-intention of applicants as due money deposited by complainant - Nothing was due towards complainant, as balance amount was already paid by company to complainant, as per own admission of complainant himself - Moreover, civil..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Plaintiff is entitled to decree on admission only when admission by defendant is clear and unequivocal...........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Suit for specific performance - Admission of agreement to sell and consideration amount - However, there is serious dispute as to making payment as alleged - This dispute goes to the root of matter - Unless and until said dispute is resolved in favour of plaintiff, no decree for specific..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Impleadment sought on the basis of semblance of title, as applicants claiming themselves to be co-owners of suit property - However, defendant in agreement to sell stated that she is the sole and absolute owner/occupier in possession of suit land - No documents of title..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Averments in plaint referring to an undertaking given in a letter to honour the cheques - No specific denial in written statement as to undertaking given in letter - Defendant failed to produce the original letter and instead a Xerox copy of said letter was filed - Deliberate attempt was made by..........
