Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Specific pleading - When not specifically denied by defendant, it is deemed to have been admitted...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 454 days in filing LPA - Ground pleaded by appellant in support of condonation of delay constitute a sufficient cause in filing appeal - Appellants are villagers and not aware of intricacies of law - Delay of 454 days though inordinate, should have been condoned by High Court - Delay condoned - Appeal..........
Civil Procedure Code, 1908, Order 20, Rule 5 -- Judgment of First Appellate Court - First Appellate Court after scrutinizing entire pleadings and evidence on record affirmed findings of trial Court - No exception therefore, can be taken to judgment passed by First Appellate Court, particularly when same is hit by provision of O.20.R.5 CPC...........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5 -- Admissibility of document - Xerox copy of document - Cannot be accepted unless both sides have admitted the same and such document is brought on record with consent of both the parties without any objection having been raised, as if a document is to be relied upon for grant of decree then same has to be brought on..........
Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 7(4), 6, 5 -- Payment of tax - Motor vehicles under possession of manufacturer or dealer - Manufacturer or dealer can impose tax in respect of motor vehicle in his possession during course of business, suitable for use on roads, which is within legislative competence of Entry 57 of State List of VII..........
Insolvency and Bankruptcy Code, 2016, Section 43, 434, Companies (Transfer of Pending Proceedings) Rules, 2016, Rule 5 -- Transfer of pending proceedings - Winding up proceedings - All proceedings u/s 20 of Sick Industrial Companies pending before High Court are to continue as such until a party files an application before High Court for transfer of such proceedings - Once..........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 5 -- Arbitration award - Objections - Condonation of delay - S.5 of Limitation Act is not applicable to an application u/s 34 Arbitration Act...........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n) -- Sexual assault of minor girl by her own father - Medical evidence - Victim herself not stated either in her statement recorded u/s 164 Cr.P.C or in witness box that accused ever penetrated his penis in her vagina - Even medical evidence not suggestive that accused committed penetrative sexual..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n) -- Sexual assault of minor girl by her own father - Allegation made by NGO worker PW6 - Testimony of victim - A minor aged approximately 9 years at the relevant time, is not expected to speak the language deployed in the statement recorded u/s 164 Cr.P.C. - A girl of her age can only speak so if..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n) -- Sexual assault of minor girl by her own father - Allegation made by NGO worker PW6 - False implication - Medical evidence not suggestive that accused committed penetrative sexual assault upon victim - Victim was tutored after being removed from custody of her father and testimony of victim is the..........
