Tag: Civildigest

Hari Narain Vs Badri Das-04/03/1963

SUPREME COURT OF INDIA JUDGMENTS

It is of utmost importance that in making material statements and setting forth grounds in applications for special leave made under Article 136 of the Constitution, care must be taken not to make any statements which are inaccurate, untrue and misleading. In dealing with applications for special leave, the Court naturally takes statements of fact and grounds of fact contained in the petitions at their face value and it would be unfair to betray the confidence of the Court by making statements which are untrue and misleading.

Dalip Singh Versus State of U.P. and ORS -03/12/2009

False statement on oath-it is clear that in this case efforts to mislead the authorities and the courts have transmitted through three generations and the conduct of the appellant and his son to mislead the High Court and this Court cannot, but be treated as reprehensible. They belong to the category of persons who not only attempt, but succeed in polluting the course of justice.

Karam Kapahi and Ors Vs Lal Chand Public Charitable Trust and Another: 07/04/2010

Civil Procedure Code, 1908—Order 12, Rule 6—Judgment on admission—Termination of lease—Non-payment of rent—Prayer for judgment on admission under Order 12, Rule 6 of CPC-Where controversy is between parties on an admission of non-payment of rent, judgment can be rendered on admission by Court—Club seeks to approbate and reprobate—Club was very negligent in pursuing its case—Doctrine of election squarely applies as Club has advanced inconsistent pleas—Club not entitled to any discretionary remedy—

Himani Alloys Ltd. Vs Tata Steel Ltd-05/07/2011

JUDGMENT ON ADMISSION-It is true that a judgment can be given on an “admission” contained in the minutes of a meeting. But the admission should be categorical. It should be a conscious and deliberate act of the party making it, showing an intention to be bound by it. Order 12 Rule 6 being an enabling provision, it is neither mandatory nor peremptory but discretionary. The court, on examination of the facts and circumstances, has to exercise its judicial discretion, keeping in mind that a judgment on admission is a judgment without trial which permanently denies any remedy to the Defendant, by way of an appeal on merits.

Bhagwat Sharan (Dead Thr. Lrs.) vs Purushottam & Ors-03/04/2020

SUPREME COURT OF INDIA JUDGMENTS

Hindu Undivided Family-It is held that where one of the coparceners separated himself from other members of the joint family there was no presumption that the rest of coparceners continued to constitute a joint family. However, it is also held that at the same time there is no presumption that because one member of the family has separated, the rest of the family is no longer a joint family.