TaxTMI 
TaxTMI 
2015 (8) TMI 1468
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....efendant for marketing of the products "Japan Life Total Sleeping System" and plaintiff was entitled to commission on sale of such products. The amount claimed in the suit is said to be commission due to the plaintiff for sale of products as a distributor of the defendant. 2. By this application, it is argued that the amount which is claimed in the suit is that the amount with respect to which the defendant had issued a total of 11 TDS certificates and once the 11 TDS certificates are found to be issued by the defendant, the defendant is liable to pay the suit amount to the plaintiff. It is also argued that the TDS certificates are deemed to be admitted inasmuch as defendant was given repeated opportunities for admission/denial of the do....
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....the defendant towards commission payable to the plaintiff under the agreement under writing between the parties fully acknowledged. A sum of Rs. 35,67,151.58 as due and payable to the plaintiff. It is submitted that the issuance of TDS certificates does not amount to any acknowledgment of due as the plaintiff has alleged in the para under reply. No amount whatsoever is due and payable to the plaintiff by the defendant and all these allegations are totally wrong and baseless. In fact, the plaintiff with two other distributor/Independent representatives who were responsible for day to day affairs of the defendant concern embezzled and defrauded the defendant to the tune of Rs. 3,43,03,807/-. When the fraud committed by the said Independent re....
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.... 4. In this suit, in view of the pleadings, the following issues were framed on 18.11.2010:- "(1) Whether the plaintiff was appointed as distributor for marketing the products of the defendant as alleged in the plaint? OPP. (2) Whether the plaintiff is entitled to any commission from the defendant and if so, to what amount? OPP. (3) Whether the plaintiff is entitled to any interest from the defendant and if so, at what rate and for what amount? OPP. (4) Relief." 5. After framing of issues, case has proceeded for recording of evidence and presently plaintiff is in witness box and he is being cross-examined by the counsel for the defendant. It is at this stage that the subject application under Order 12 ....
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....e decree, there was some material before the Court, on the basis of which the Court could be prima facie satisfied, about the existence of a statutory ground for eviction, it will be presumed that the Court was so satisfied and the decree for eviction apparently passed on the basis of a compromise, would be valid. Such material may take the shape either of evidence recorded or produced in the case or, it may partly or wholly be in the shape of an express or implied admission made in the compromise agreement itself. Admission is true and clear are by far the best proof of the facts admitted. Admissions in pleadings or judicial admission admissible under Section 58 of the Evidence Act, made by the parties or their agents at or before the hear....