Civil Procedure Code, 1908, Section 11 -- Res judicata - Civil and criminal proceedings - Admission made in criminal proceedings u/s 145 Cr.P.C. - Would not operate as res judicata, as a judgment of criminal Court in summary proceedings is not binding upon civil Court - Even otherwise, Court exercising jurisdiction u/s 145 Cr.P.C. is not competent to decide questions which..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction regarding rasta - Alleged rasta is not a public rasta and exists over bhumidhari plots of parties, which is already partitioned - Even father-i, law of plaintiff stated that no rasta as alleged in plaint is in existence - As regarding admission of plaintiff's case by defendant is concerned, since there is no..........
Agreement to sell -- Specific performance - Material alternations in agreement - Plaintiff unable to point out any admission in the evidence of DW1 which would persuade Court to presume that corrections were with the knowledge of 2nd defendant, the power agent of first defendant...........
Agreement to sell -- Specific performance - Material alterations in agreement - No admission by DW1 which would persuade Court to presume that corrections were made with the knowledge of 2nd defendant the power agent of first defendant - Coupled with this, notice issued prior to institution of suit does not even disclose price agreed or the advance paid or the balance..........
Evidence Act, 1872, Section 65B -- Tape recorded conversation - Original cassette by which ransom call was tape recorded - It is primary evidence - Certificate u/s 65-B of Evidence Act not required - However, for admission of secondary evidence of electronic record a certificate as contemplated by S.65-B of Evidence Act is mandatory...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Defendant must specifically deal with each of the allegations of fact made in the plaint - Failure to make specific denial amounts to an admission...........
Mahomedan Law -- Oral Gift - No evidence on record that donor executed any gift during his life time nor his successors - Plaintiff/donee failed to prove his title over suit land on basis of oral gift - Mere fact that there is admission on part of predecessor-i, interest of defendants that out of portion of his land some land was taken by PWD, itself cannot strengthen case..........
Medical Council of India Act, 1956 -- Admission in medical colleges - Extension of time for carrying out admissions - Schedule as approved by Supreme Court for admission to medical colleges not followed strictly - Seats remained vacant in Medical Colleges for various reasons - Doctors are not willing to take admission in no, clinical courses especially in private colleges..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Preliminary decree - Partition suit - Oral partition between parties already taken place as per defendant No.2 - However, no documents on record to prove factum of oral partition - Even otherwise, admission made by DW2 that there is no oral partition, is on record - Since defendant No.2 pleaded oral partition,..........
Education -- Admission - Last date - Many seats vacant - Further time should be given to fill up the seats - Time extended...........
