Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Partition suit - Defendant No.3 stated that suit property was purchased by him in the name of his mother as trustee, not put forth in pleading - Defence of defendant No.3 does not fall within exception of S.4(3)(b) of Benami Act and thus, barred by law under said Act - Once defence is barred by law,..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Money suit - Claim of share of rent by co-owner - Entitlement to part of rent by virtue of having 2/3rd share of plaintiff in suit property, is admitted by defendant himself - Said admission operates as an estoppel against defendant and he cannot be allowed to resile for it - Even tenant also admitted..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Money suit - Claim of share of rent by co-owner - Contention of defendant that Appellate Court cannot have impliedly declared title in money suit, has no basis in the face of admission made by defendant himself as regards entitlement of plaintiff to the extent of 2/3rd share of suit property -..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Plea of repayment of loan, raised in written statement, not controverted by filing replication - Does not amount to admission on the part of plaintiff with respect to repayment of loan - Finding can be recorded by Court only when admission is unequivocal and unambiguous - Judgment cannot be passed on the basis of..........
Admission -- Under disadvantaged group - Disadvantaged group includes member of Scheduled Caste therefore, irrespective of income of petitioner parents, petitioner is entitled to admission under EWS/disadvantaged group - Petitioner allowed to continue her study in the school under disadvantaged group and she is entitled to all benefits/entitlements under the said group -..........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 5(3) -- Second appeal - Stay of execution of decree - Formulation of substantial question of law is an imperative to proceed with the appeal - Court cannot proceed unless condition precedent is satisfied - Solely because Court has jurisdiction to pass an ex parte order, it does not empower it not to formulate the..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Expression `otherwise' in O.12.R.6 CPC is very much significant as jurisdiction of Court to pass a decree on admission is not restricted only to admission made by defendant in his pleading - Provision contained in O.12.R.6 CPC, is thus more comprehensive than provision contained in O.12.R.1 CPC...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Passing of decree on admission by Court is not mandatory as Court in suitable circumstances may refuse to pass a decree on admission when admission is not clear and unambiguous or where admission was otherwise explained away by party making such admission...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Defendant failed to explain away its admission about its liability to refund the advance money to plaintiff - Even no issue is raised by defendant in the suit - Decree on admission rightly passed by trial Court...........
Education -- Admission to P.G courses - Prayer to conduct the Common Entrance Test for U.G and P.G courses - It would not be possible for applicants to hold examination in a fair and transparent manner in such a short period - From the last few years, candidates are selected on the basis of All India Examination - Same procedure be adhered to for this year as well - Since..........
