Evidence Act, 1872, Section 138 -- Cross-examination - Suggestions given by defence counsel to PW in cross-examination, if found to be incriminating in nature in any manner, would definitely bind accused and accused cannot get away on plea that his counsel had no implied authority to make suggestions in the nature of admissions against his client - Any concession or..........
Constitution of India, 1950, Article 30(1) -- Admission - Minority educational institution - Minority institute is free to admit the students of its own religion, but institute cannot admit students from neighbouring states wherein, the same religion may not be a minority...........
Constitution of India, 1950, Article 30(1) -- Admission - Minority educational institutions - Right of minority institution to admit students of their own religion and that of admitting `sprinkling of outsiders' in the institution is subject to the condition that the number of such admission should not violate the minority character of the institution...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Husband is well established businessman - Sum of Rs.8000/- p.m as awarded to son is not on higher side more particularly when prices are rising everyday and cost of upbringing of a child including the medical expenses is quite expensive - Admission of a child in a reputed school of country is also a..........
Evidence Act, 1872, Section 58 -- Admission - Admissions in pleadings are judicial admissions and are admissible u/s 58 of the Act and they constitute waiver of proof...........
Evidence Act, 1872, Section 101 -- Burden of proof - Joint family - Partition suit - Initial burden of proving that plaintiff and defendants constituted joint family was on plaintiff - Mere admission that plaintiff was son of defendant no.1 does not lead to presumption that he himself and defendants constituted joint family and were members of joint family...........
Evidence Act, 1872, Section 58, 17 -- Admission - Adoption - Partition suit - Plaintiff filed suit in the year 1989 claiming that he is adopted son of one `M' and acquires six properties and decree in said suit - After 19 years, by way of rejoinder in the suit, he takes a total `U' turn to deny that he pleaded adoption in said case - Plaintiff gives evidence before Court..........
Evidence Act, 1872, Section 58, 17 -- Admission - Adoption - Partition suit - Judicial admission of earlier suit on record that plaintiff is adopted son of one `M', which was reinforced by admissions of PW2, plaintiff's own witness - PW2 admitted that said `M' had no issues and about 40-50 years back, `M' adopted plaintiff and properties of `M' were given to plaintiff -..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Consent decree - Separate suit to challenge - Bar to maintainability of suit U.O.23.R.3-A CPC is only with respect to decrees passed on the basis of compromise and not on the basis of consent - There is a mark difference between decree which has been passed on the basis of compromise U.O.23.R.1 CPC vis-a-vis decree passed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - There is complete contradiction in between admission made by defendant in written statement to that of proposed amendment sought in application U.O.6.R.17 CPC - Defendant thus, resiling of his statement made from written statement - More so, proposed amendment sought to be incorporated by..........
