Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to give another pedigree as there was mistake in pedigree given by petitioners in their written statement - Amendment do not amounts to withdrawal of admission nor it changes nature of controversy - As pedigree given by amendment application had already been given in the..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Word `Upper bhej diya' as stated by accused cannot be construed to be an admission of guilt...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Withdrawal of admission made in written statement - Once a written statement contains an admission in favour of plaintiff, amendment to withdraw such an admission cannot be allowed to plaintiff's prejudice and facilitate the setting up of an inconsistent plea from the one earlier taken in first instance...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession - Defendant claiming possession on the basis of an oral agreement to sell - Held, defendant has no right to remain in occupation of the premises or retain possession merely because of oral agreement to sell in his favour and that too with one of the joint owners only - Trial Court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 5 kg.150 gms of charas - Recovery effected from taxi driven by accused with a passenger/co-accused - Co-accused found to be gratuitous passenger, unaware of articles recovered, hence acquitted - Defence of accused that taxi was booked and hired by co-accused found to be false as when he moved..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Withdrawal of admission - Amendment sought at the stage when evidence was already over and case was fixed for hearing - Order rejection amendment application, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Plaint disclosing no cause of action and hopelessly barred by limitation even if averment made in application for amendment of plaint are taken into consideration in view of admission and knowledge of plaintiff and her family members - Plaint rejected...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Every allegation of fact in plaint, if not denied specifically or by necessary implication in the pleading of defendant shall be taken to be admitted - But even so, proviso empowers Court, in its discretion, to require any fact so admitted to be proved otherwise than by such admission...........
Evidence Act, 1872, Section 21, 31, 58 -- Admissions - Admissions though not conclusive proof - Estops the person who made such admissions or representatives in interest - Judicial admissions need not be proved by adducing any evidence - Whether an admission is evidentiary or judicial, the party who made such an admission if explained under what circumstances he made such..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Decree on admission - Party who seeks decree on admission U.O.12.R.6 CPC must rely upon admission given by opposite party and cannot seek decree on admission given by that party itself...........
