Search Results for "unambiguous admission"

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Search Results for "unambiguous admission"

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High Court

Karnataka High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree for Declaration and Injunction. First Appellate Court's Reversal Set Aside for Ignoring Documentary Evidence and Failing to Frame Proper Points for Determination Under Order 41 Rule 31 CPC.

5 Apr 2024

The appellant, Kum. Harshada S., filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree da...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

Supreme Court

Supreme Court Upholds Juvenile Delinquent Declaration in IPC Offences Case Under Juvenile Justice Act, 2015. Matriculation Certificate Conclusively Establishes Age Under Section 94, Overriding Alleged Discrepancies in School Admission Documents.

18 Nov 2021

The appeal arose from a criminal incident on 05.05.2020 where the accused, along with others, allegedly attacked the appellant and his family, resulti...

High Court

Bombay High Court Allows Students' Petitions Challenging AICTE's Retrospective Reduction of Engineering Seats — Violation of Natural Justice and Legitimate Expectation. AICTE's power to regulate technical education does not include the power to retrospectively alter approved intake after admissions are finalized, as it violates principles of natural justice and legitimate expectation under Article 14 and Article 21 of the Constitution.

5 Jul 2019

The petitioners, students who had taken admission to engineering colleges in Maharashtra for the academic year 2019-20, challenged the decision of the...

High Court

High Court of Karnataka Dismisses Plaintiff's Petition and Allows Defendants' Petition in Suit for Declaration and Injunction — Order XII Rule 6 CPC Application Rejected as Admissions Not Clear and Unambiguous. The court held that for judgment on admissions, the admission must be clear and unambiguous, and the Trial Court's rejection of I.A.No.6 was correct, while the allowance of I.A.No.7 for amendment under Section 151 CPC was upheld.

5 Mar 2019

The judgment arises from two writ petitions filed against a common order dated 11.02.2014 passed by the XLIII Additional City Civil and Sessions Judge...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Remands for Trial on Admissions. The Court held that Order XII Rule 6 CPC requires clear and unequivocal admissions, and where the defendant disputes the genuineness of the agreement and receipt of consideration, the suit cannot be decreed summarily.

1 Jan 2019

The Supreme Court considered an appeal against the judgment of the Delhi High Court Division Bench which had allowed an application under Order XII Ru...

High Court

High Court of Karnataka Allows Petitions Seeking Strict Adherence to Section 12 of RTE Act 2009 for Admissions in Private Unaided Schools. The court directed the State to ensure compliance with the statutory provisions for admitting disadvantaged children in private schools under Section 2(n)(iii) of the RTE Act.

17 Apr 2017

The judgment involves three writ petitions filed by educational trusts, namely Soujanya Patel Trust and New Age Educational Trust, seeking directions ...

High Court

Bombay High Court Allows Winding Up of S. Kumars Nationwide Ltd. for Inability to Pay Debts. Multiple financial creditors and operational creditors successfully proved the company's insolvency under Sections 433(e) and 434 of the Companies Act, 1956.

1 Jul 2016

The judgment concerns a batch of company petitions filed by various financial creditors and operational creditors seeking the winding up of S. Kumars ...

High Court

Bombay High Court Grants Decree on Admission in Security Deposit Refund Case Under Order XII Rule 6 CPC. Admissions in Letters and Financial Statements Constitute Clear and Unequivocal Admissions of Liability for Refund of Security Deposits.

3 Feb 2014

The plaintiff, SRL Limited, filed a suit against Techtrek India Limited for recovery of Rs.1,58,54,200/- being the balance of security deposits paid u...

High Court

Bombay High Court Allows Decree on Admission in Suit for Enforcement of Foreign Judgment — HSBC Bank U.S.A. v. Silverline Technologies Ltd. & Anr. The court held that the defendants' admissions in a settlement agreement and the conclusiveness of the foreign judgment under Section 13 of the Code of Civil Procedure, 1908 entitled the plaintiff to a decree on admission under Order XII Rule 6 CPC.

2 Feb 2006

The plaintiff, HSBC Bank U.S.A., filed a suit for recovery of US$ 17,919,603.68 based on a foreign judgment and decree dated 18.9.2002 passed by the U...

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