Civil Procedure Code, 1908, Order 12, Rule 6 -- Admission on judgment - Admission can be inferred from facts and circumstances of the case...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Admission on judgment - Scope - Under this Rule either party may get rid of so much of the rival claims about which there is no controversy...........
Civil Procedure Code, 1908, Order 12, Rule 1, 6 -- Comparison of the two rules - Provision of O.12.R.6 is wider than provision of O.12.R.1 as O.12.R.1 is limited to admission by pleading or otherwise in writing but in O.12.R.6 expression `or otherwise, whether orally or in writing' is much wider in view of the words used therein...........
Civil Procedure Code, 1908, Order 12, Rule 6, Transfer of Property Act, 1882, Section 114 -- Statement made by a party in its petition u/s 114 of Transfer of Property Act can be considered by the Court in pronouncing the judgment on admission U.O.12.R.6 CPC in view of clear words `pleading or otherwise' used therein especially when that petition was filed in the suit...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Provision of O.12.R.6 CPC is enabling, discretionary and permissive - Provision is neither mandatory nor it is peremptory since the word `may' has been used...........
Consumer Protection Act, 1986, Section 12(3) , 24A -- Limitation - Complaint - Dismissal in limine - The claim of the complainant repudiated vide letter dated 13.1.2006 - Complaint filed on 23.4.2009 - The complaint was certainly beyond limitation period of two years as envisaged u/s 24A of the CP Act - Order passed by the District Forum dismissing the complaint does not..........
Civil Procedure Code, 1908, Order 32, Rule 12(2) -- Minor defendant - Attaining majority during pendency of suit - Not choosing to come on record and to contest suit himself - Held, minor must be deemed to have elected to abide by the representation of the guardian and the judgment and decree eventually passed in the suit is binding upon him - Mere fact that suit was..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Act is retrospective in nature - A woman turned out of matrimonial home on 4.7.20005 i.e. before coming into force of the Act which was with effect from 26.10.2006 - Such woman can file petition under the Act...........
Evidence Act, 1872, Section 61, Civil Procedure Code, 1908, Order 12, Rule 2, Civil Procedure Code, 1908, Order 13, Rule 4 -- Contents of documents - Should be proved either by primary or by secondary evidence - Admission of a document - Amounts to admission of contents but not its truth - Documents having not been produced and marked as required under the Evidence Act..........
Evidence Act, 1872, Section 61, Civil Procedure Code, 1908, Order 12, Rule 2, Civil Procedure Code, 1908, Order 13, Rule 4 -Contents of documents - Should be proved either by primary or by secondary evidence - Admission of a document - Amounts to admission of contents but not its truth - Documents having not been produced and marked as required under the Evidence Act..........
