Civil Procedure Code, 1908, Order 13, Rule 3 -- Admissibility of documents - Documents admitted in evidence without objection - Objection that documents are irrelevant and inadmissible raised at the stage when case was posted for arguments - Since the documents are already marked on admission of parties, the same cannot be demarked at this stage without considering the..........
Protection of Children from Sexual Offences Act, 2012, Section 5(i), 6, Indian Penal Code, 1860, Section 366, 376(2)(n), Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Determination of age of victim - Certificate issued by Principal of school where victim has pursued her Vocational Higher Secondary Course is relied upon by prosecution for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Accused did not respond to the legal notice - Amounts to his admission qua taking of loan from the complainant...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt or liability - Presumption as to - S.139 of the Act is an example of reverse onus and therefore once an admission of issuance of cheque emanates from accused and signatures on cheques are admitted, there is always a presumption in favour of complainant that a legally..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Accused examined his son in defence who deposed that his father had never taken loan from complainant - However, in cross examination he accepted that his father has taken a loan from complainant - This admission supports claim of complainant - Accused failed to rebut presumption..........
Civil Procedure Code, 1908, Order 8, Rule 3, 5 -- Written statement - Evasive denial in pleadings of a defendant is treated by law to be an admission of truth of allegations made against him, unless Court in its discretion is of opinion that u, denied fact must, nonetheless, be proved otherwise than by such deemed admission...........
Consumer Protection Act, 1986, Section 12(1)(c) -- Joint complaint - Permission - Case admitted and notice issued - Though expressly it is not stated that permission is granted to file joint complaint but the fact that admission of complaint is recorded and notice was issued, permission is to be read as inherent in the order of admission - Commission thereafter ought not..........
Civil Procedure Code, 1908, Order 12, Rule 2 -- Admission or denial of documents - Service law dispute - Registry is directed not to list any fresh RSA for hearing the subject matter of which is a service law dispute without the filing with record - At the commencement of the proceedings and before the issues are framed Trial Court should insist upon the parties to first..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C even if it contains inculpatory admission cannot be ignored and Court may where there is evidence available proceed to enter a verdict of guilt...........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(4) -- Eviction order - No application for leave to defend - Bonafide necessity - Neither has the tenant before Rent Controller nor before this Court pleaded any ground to show as to how tenant was prevented from filing an application seeking leave to defend within statutory period - Even, tenant is also silent with regard..........
