Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Power U.O.12.R.6 CPC is discretionary and cannot be claimed as a matter of right...........
Agreement to sell -- Specific performance - Readiness and willingness - Admission of plaintiff no.2 that she was not possessed of sufficient funds cannot be read in isolation and it cannot be concluded that she was not possessed of sufficient means to pay balance sale consideration, as her husband had expired and she had succeeded to his estate - At the given moment..........
Hindu Law -- Joint Family Property or coparcenary property - Person who claims a particular property to be joint Family Property or Coparcenary has to establish his plea by leading evidence - Nature of suit property to be joint Hindu Family Coparcenary Property cannot be decided on the basis of admission made by a contesting party or any other party to litigation...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Juvenile - Determination of age - Extract of school admission register produced by prosecutor when accused was admitted to Standard-1 indicates his date of birth as 30.5.92 - Said certificate has to be considered for determining age of accused - On the date of incident i.e on 2-6-2010, he was not..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Age of prosecutrix - Birth certificate produced by Head Master of Government Middle School is not admissible into evidence, as it does not establish actual age of prosecutrix - It was mandatory for prosecution to produce primary school certificate as well as..........
Evidence Act, 1872, Section 67, Registration Act, 1908, Section 57, 60 -- As per Ss.57, 60 of Registration Act and S.67 of Evidence Act, mere production of a certified copy of a document registered may not be enough to prove the execution of document - However, it is sufficient to prove contents of document - Certificate issued by Registrar u/s.60 of Registration Act is..........
Anna University Act, 1978, Section 5 -- Education - Cancellation of affiliation - Reduction of intake - Power of Authority - Respondent reduced intake of petitioner`s college and cancelled affiliation to some courses - There is not mere deficiency of library books but there is shortage of faculty and laboratory equipments also which is not rectified by college - College..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Non-filing of replication - Does not amount to deemed admission of fact in written statement...........
Medical education - - Admission - Post Graduate Medical courses - Benefit of reservation - Notification issued by State of Maharashtra extending benefit of reservation to extent of 10% to economically weaker sections inter alia in postgraduate medical courses, will have no application to ongoing process of selection, as modalities of selection cannot be changed after..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication/Rejoinder - Non denial of contentions in the written statement - Does not amount to admission at all...........
