Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - By virtue of amendment, party cannot be allowed to get out of his admission and amendment should be bonafide in nature...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Replication, if filed, in a given situation, the same also can be looked into to see whether there is any admission on the part of plaintiff...........
Admission to MBBS Course -- Contrary to Schedule prescribed by Medical Council of India (MCI) conducting NEET - Validity - Petitioner granted admission to MBBS Course by examination CGMAT 2016 conducted by college in defiance with notification issued by MCI - However, admission to MBBS college can be only through NEET - No other process of admission was permissible -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Since both the Courts below have granted relief of possession in respect of suit property on basis of admission made in written statement, instant appeal does not raise any substantial question of law - Appeal dismissed...........
Co-tenancy -- Cannot be granted on the basis of an admission...........
Correction -- In name of father in DMC declined on ground that there is variation in different school documents and that representation for correction is not initiated within 1 year of declaration of result - However, as per evidence on record, name of father of petitioner is Harmesh Lal as it is not only mentioned in her birth certificate and aadhar card but also in..........
Admission -- Medical course - Admission granted by Board after cut-off date in year 2014 - Delay in completion of admission - Amounts to inaction on part of Board and not of candidates - Admission cancelled when candidates have completed more than half of the course held, not proper especially when right of no other person is affected...........
Indian Penal Code, 1860, Section 364, Evidence Act, 1872, Section 3 -- Abduction - Appreciation of evidence - As per evidence on record there is contradictory statements made by brother and father of victim - Even, brother and father deposed no, disclosure of place of confinement by victim - Moreover, I.O. was not examined to prove place of confinement as stated by victim..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - It is a matter of discretion vested in Courts and not a matter of right...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession, recovery of mesne profit and damages against son and daughter-i, law - Plaintiff exclusive owner of suit property which fact not denied by defendant - Even permissive user of suit premises not disputed by defendant - Except for bald and vague denials, defendant has not taken any..........
