Civil Procedure Code, 1908, Order 12, Rule 6 -- Eviction - Decree on basis of admission - Plea of sub letting by defendant No.1 to defendant No.2 - Defendant No.2 filed suit for specific performance against plaintiff and on that basis claiming himself to be the owner - By filing suit for specific performance there is clear cut admission that plaintiff is the owner -..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Suit for declaration of joint possession and permanent injunction - Admission of one of defendant regarding suit property is joint co-parcenary property in other suit itself does not prove that property is ancestral property when such admission is only pleading in other suit, more particularly when it is proved..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After closure of plaintiff's evidence - Defendants by way of amendment wanted to take plea of adverse possession on the strength of defective title by way of oral sale - Amendments sought by defendants and allowed by trial Court will not change the nature and character of suit - Admission of..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Photocopy of document - Pre-conditions as laid down u/s 66 of Evidence Act not satisfied by petitioners - Neither any admission was made by petitioners for procuring original document nor any FIR or any document to show that original has been misplaced - Mere bald statement by petitioner would not be sufficient for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Admission of signatures - Presumption comes into play - However, complainant has since discredited his own case in his cross examination which creates doubt over the story of complainant and genuineness of his claim - Acquittal calls for no interference...........
Indian Penal Code, 1860, Section 376, 354(A)(1)(ii), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Rape of 5 years old girl - Testimony of victim - Victim admitted in her cross-examination that her parents were present at the time of recording her statement u/s 164 Cr.P.C - She stated that her parents had told her how to give statement - Victim..........
Services and Admission in Educational Institutions -- Reservation of backward classes - Identification of creamy layer - Persons from backward classes who occupied posts in higher services like IAS, IPS and All India Services, people with sufficient income who were in a position to provide employment to others and persons who had higher agricultural holdings or were..........
Services and Admission in Educational Institutions -- Reservation of backward classes - Identification of creamy layer - Notifications dated 17.8.2016 and 28.8.2018 issued by Government of Haryana - Validity - Identification and exclusion of creamy layer has to be on the basis of social, economic and other relevant factors as per S.5(2) of 2016 Act - However, State of..........
Medical education -- Admission to MBBS/BDS - Admission to medical courses were to be done only through centralized admission process as per Notification issued by State of UP - Glocal Medical College in contravention of said Notification conducted private counseling, which was not at all permissible in law - Students cannot be said to be ignorant about such Notification -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Non-payment of rent - Once there was admission on part of tenant qua his default in payment of rent, qua relation of landlord and tenant, then nothing more was required to be adjudicated by Court...........
