Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admissions made in judicial proceedings themselves can form the basis of granting relief U.O.12.R.6 CPC for the reason that a judicial admission is placed on a higher pedestal than evidentiary admission...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery of possession - Defendant admitted the relationship of landlord and tenant between her and plaintiff - Defendant's tenancy had been validly terminated by plaintiff u/s 106 T.P.Act, upon issuance of legal notice and if not so, then upon service of summons in suit on her along with accompanying..........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 27 -- Additional evidence at appellate stage - Before Admission of appeal or before initiation of hearing of appeal - Cannot be allowed...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Public document destroyed or lost - Provision that only a certified copy of original is admissible as secondary evidence when original is a public document does not apply when original of the public document is lost or destroyed - S.63(5) of the Act provides that oral accounts of the contents of a document given by..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession - Termination of lease agreement - Defendant failed to hand over vacant and peaceful possession of suit property - Mere fact that no notice to quit and/or to vacate a demised premises is given would not inhibit a Court from passing a decree of possession, if there is no other..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Admission - Law permits a suit to be decreed on an admission - A suit filed as a summary suit, even if not maintainable as a summary suit, is liable to be converted into an ordinary suit which may result in a decree passed, if an admission surfaces...........
Evidence Act, 1872, Section 3, 138 -- Contents  of  documents  - Admitted  to be true in examination in chief - However, in  cross examination  that admission was withdrawn - Held, it  is  earlier part  of  the statement which carries weight and latter  part  of statement  made  by simply adopting the suggestions  put  at..........
Civil Procedure Code, 1908, Order 12, Rule 6, Specific Relief Act, 1963, Section 6 -- Judgment on admission - Dispossession - Suit for recovery of possession - Plaintiff was in constructive and legal possession of suit property - Defendant No.1 admitted that plaintiff was legally wedded wife of deceased husband - Claim of defendant No.1 was based on live in relationship..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Passing of a decree on the basis of admission is not a matter of right - It is a matter of discretion and discretion is to be exercised judiciously by Court only in cases where there is unequivocal, unambiguous and clear admission...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Petitioner seeking succession certificate from Court being only legal heirs of deceased - No unequivocal, unambiguous admission on the part of respondent to that effect - Though respondent admitting his status to be that of a nominee and therefore cannot be better than a trustee to hold property till..........
