Civil Procedure Code, 1908, Order 13, Rule 1 -- Production of additional document - Court rejected the application U.O.13.R.1 CPC on the ground that nothing about plan Exh.A mentioned in plaint - However, there is a reference to a plan on which reliance has been specifically placed by plaintiffs - In absence of specifics of plan in plaint or for some admission given by..........
Civil Procedure Code, 1908, Order 41, Rule 17(1), 21 -- Decree of trial Court - Appeal against - Procedure to be adopted while taking up appeal for hearing - Held, appeal can be heard on merits if respondent fails to appear - Respondent has remedy U.O.41.R.21 CPC to move an application for re-hearing of appeal by demonstrating sufficient cause for no, appearance - But if..........
Civil Procedure Code, 1908, Order 41, Rule 17(1), 21 -- Decree of trial Court - Appeal against - Procedure to be adopted while taking up appeal for hearing - Held, appeal can be heard on merits if respondent fails to appear - Respondent has remedy U.O.41.R.21 CPC to move an application for re-hearing of appeal by demonstrating sufficient cause for no, appearance - But if..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Decree on admission - Defendant in his written statement not only admitted receipt of loan from plaintiff but also admitted that he was to pay back said amount with interest - Said admission appears not only in written statement but also in evidence of defendant - Decree passed on basis of such admission, held, proper...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Amendment for withdrawing admission in pleadings cannot be allowed...........
Electricity Act, 1910, Section 44, 39 -- Pilferage of electrical energy - Assessment - Connected load and contract load - There was increase in contract demand by petitioner from 400KV to 600KV - Petitioner himself admitted that connected load was found 1017 HP and record showed maximum connected load of 522KV - Said reading of instrument of respondents were required to be..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 7, Rule 11, Evidence Act, 1872, Section 91, 92 -- Judgment on admission and rejection of counter claim - Defendant executed sale deed in favour of plaintiff - Admission with regard to execution and registration of sale deed is clear and unequivocal - Defence of defendant barred by Ss.91 & 92..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - Held, such statement for admission of his guilt or confession as such cannot be made the sole basis for finding accused guilty, the reason being he is not making statement on oath, but all the same confession or admission of guilt can be taken as a piece of evidence since same lends..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought in second appeal - Plea of negligence of counsel - Said plea cannot be accepted on the face of record - Moreover, plaintiff was very well conscious about his admission made in his original pleadings - Amendment cannot be allowed at this belated stage on the ground that their counsel was negligent..........
Civil Procedure Code, 1908, Order 12, Rule 6(1) -- Decree on admission - Admissions in pleadings and as well as admissions in correspondence or communications outside pleadings can be relied on but such admissions must be unambiguous and clear - If there is any ambiguity in admission or any reasonable explanation for such an admission, a decree may not be passed by the..........
