Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife was living at her matrimonial home with her husband for a short span of time i.e. for 13-14 days, that too in different intervals - She is living separately and left matrimonial home without any rhyme or reason - Husband was able to prove the fact that he was subjected to cruelty and wife deserted him..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Law as to : (i) All amendments are to be allowed which are necessary for determining the real question in controversy provided it does not cause injustice or prejudice to the other side; (ii) applications U.O.6.R.17 CPC should be ordinarily allowed if amendment is for effective and proper adjudication..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission against law - Where question and its answer are both a mixed question of fact and law, a so called admission against law can never be an admission as visualized U.O.12.R.6 CPC...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Courts can invoke O.12.R.6 CPC only in cases where admissions are unconditional, unequivocal and unambiguous or when admission is based upon undisputed inferences...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - No question framed about lack of evidence, sub letting or incorrect appreciation of facts by Appellate Court on which the final finding of High Court is returned - More so, there is no discussion by High Court as to reasons required for departure from substantial questions of law framed at the stage..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Mere non-filing of a replication would not amount to admission of facts pleaded in the written statement...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibiting a document - Marking of documents itself will not amount to admission of documents - They are being marked as exhibits...........
Evidence Act, 1872, Section 58 -- Pleadings - Admission of pleadings - Onus of proving it is discharged...........
Medical education -- Admission to MBBS - A candidate belonging to any of the vertical reservation categories who on the basis of his own merit is entitled to be selected in the open or general category, will be selected against the general category and his selection would not be counted against the quota reserved for such vertical reservation categories...........
Medical education -- Admission to MBBS - Allotment of unreserved category seats to meritorious reserved candidates - Cut off for unreserved candidates was much less as compared to cut off for SC/ST/OBC/EWS candidates - Respondents ought to have admitted the appellants against the unreserved categories...........