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Documents citing Cosmo Ferrites Limited vs Universal Commercial Corporation And ... on 12 January, 2006

Shanti Devi vs Urmila on 4 August, 2012

dismissal of the present application. Defendant has relied on Cosmo Ferrites Ltd. Vs. Universal commercial, AIR 2006 Delhi and State Bank of India Vs. Midland Industries and Ors. AIR 1998, Delhi 153 for the same. 9 Detailed arguments were advanced by ld. counsels for both the parties. Arguments heard. Record perused carefully. 10 For passing a decree of possession in favour of plaintiff and against the defendant on the basis of admissions, it needs to be seen that there is admission on part of defendant with respect to possession over the suit property and then to determine the nature of possession whether the same are of the natrue of independent right over the suit property or is it in nature of permissive user. If the nature of possession is established by admissions to be that of permissive user, then it needs to be seen if the same was terminated validly or not .
Delhi District Court Cites 14 - Cited by 0 - Full Document

Sh. Shiv Mangal Singh vs Sh. Rameshwar Dass on 7 September, 2010

i. Cosmo Ferrites Limited Vs. Universal Commercial Corpn. and Ors. I.A. No. 11612 of 2003 in C.S. (OS) No. 1525 of 1999 ii. Nopany Investment (P) Ltd. Vs. Santokh Singh (HUF) (2008) 2 Supreme Court Cases 728 iii.Rakesh Vs. Jagdish AIR 2002 Supreme Court and the basic arguments of ld. counsel for appellant is that to pass a decree or admission under the order 12 rule 6 CPC, the admission should be unequivocal clear and positive and in any case passing a decree on the basis of admission made, is otherwise not a right of any party, rather it is a matter of discretion of the court and in case the court finds that the admission are unequivocal in the written statement, the court can reject the application under order 12 rule 6 11/22 CPC and may not appreciate the statement on such unambiguous admission.
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Smt. Satpal Kaur vs Aithent Techonologies Pvt. Lt on 14 May, 2007

In the case of COSMO FERRITES LTD vs UNIVERSAL COMMERCIAL CORPORATION, 2006 II AD (DELHI) 461 Hon'ble Delhi High Court held that before the court can act upon an admission, it has to be shown that the admission is an unequivocal, clear and positive admission; when a defence is set up which requires evidence for determination of the issues, provisions of Order XII Rule 6 CPC are not attracted and judgment cannot be made on plaintiff's asking.
Delhi District Court Cites 4 - Cited by 0 - Full Document
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