Civil Procedure Code, 1908, Order 8, Rule 5 -- Defendant proceeded ex parte after filing written statement - It is duty of Court to look in the pleading raised in the written statement, so as to have an appreciation with respect to the requirement of O.8.R.5 CPC including the specific denial of pleading of plaintiff, if any, or admission, if any, thereof...........
Partition suit -- Suppression of compromise decree in earlier suit by plaintiff where he was allotted one fourth share - Plaintiff did not claim property as ancestral property in earlier suit - Plaintiff seeking one sixth share in suit property shows his admission of suit property being self acquired property of his father - Suit for partition not maintainable...........
Dentists Act, 1948, Section 10, 55 -- BDS Regulations, 2007, Regs.1, 2 - Admission to dental course - Eligibility criteria - Admission on basis of Competitive Entrance Examination - At time of admission, college is required to comply with directions issued by Dental Council of India - They have to undertake exercise of cancelling all admissions and discharge all students..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Bail refused - Accused did not surrender - To evade arrest accused got himself admitted in a hospital and remained admitted for 527 days with the help of hospital staff without any justification - No medical emergency which could justify continued admission in hospital - Accused held, guilty of having violated..........
Persons with Disabilities (Equal Opportunities to Protection of Rights and Full Participation) Act, 1995, Section 8, 18, 12, 22, Mental Health Act, 1987, Section 3, 5, 10, 20, 82, 85, 94 -- Mentally challenged persons - Act make ample provision for not only establishment of Homes for admission, treatment and care of mentally ill persons but also about maintenance and..........
Constitution of India, 1950, Article 226 -- Admission to BHMS course - Non-submission of original documents - Since the appellant has the permission to admit 50 students each year from the academic session 2002-03, therefore, declining such permission in the present academic session seems to be unjustified merely on ground of no, submission of originals of document - As..........
Evidence Act, 1872, Section 17 -- Admission - Evidentiary value - Court can only act upon on the clear, categoric and unequivocal admission of the parties to arrive at the conclusion - Moreover, vague or the retracted admission carries no evidentiary value...........
Evidence Act, 1872, Section 17 -- Admission - Family settlement - In the instant case, defendant initially in his part cross-examination has stated that the signatures on the family settlement looks like his signatures, but at the same time he also added that these are not his signatures - Hence, there is no admission on the part of the defendant that the family settlement..........
Agreement to sell -- Specific performance - Earnest money or loan - Admission by plaintiff and attesting witness that it was loan and not earnest money - Order declining relief of specific performance and grant of alternative relief of refund with cost and interest, upheld...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Mental cruelty - Desertion - Wife leaving house early in morning and returning late evening - Wife denied leaving house without informing her husband to visit Vaishno Devi but proved and admitted in Guardianship Petition that she went to Vaishno Devi without informing her husband - Admission by wife that..........
