The Blog of Bharat Chugh

Month: March 2012

  • Supreme Court on attempt to murder…

    Comment : In this case the court was faced with a situation where the accused belonging to the armed forces (a guard) shot at his colleague due to a minor spat from point blank range – the bullet did not hit him – however he was injured by the splinters. The Court held him guilty of…

  • Supreme Court on DNA Testing…

    COMMENT :  In this decision the court was once again faced with the baffling preposition as to whether DNA tests should be allowed to ascertain the paternity of a child ?, In what cases ? What about S.112 evidence Act, which in a nutshell says any child born during a marriage or 280 days after…

  • Evidentiary Value of Unregistered Document

    Comment : In this case the court was faced with the question whether an unregistered lease (which was compulsorily registrable) can be looked at – to know whether the same was given only for residence of a particular individual ? The answer depended on whether something as important a clause – can be said to be collateral…

  • Dishonoured cheque as Acknowledgment for the purpose of limitation

    Comment : In this case the question that arose for consideration was “Whether a cheque subsequently dishonored is payment within the meaning of S.19/20 Limitation Act, for the purpose of renewing the period of limitation ?” The Court held yes – not following so would lead to absurd results – as a person may be lulled…

  • Decree for Specific Performance a preliminary decree

    Comment : In this case the court held a decree of specific performance to be a preliminary decree – in the factual matrix : the Decree Holder/Purchaser could not within the stipulated time deposit the rest of the purchase amount – he asked for an extension the decree had the words “if not paid within 30…

  • OBJECTIONS AS TO ADMISSIBILITY OF EVIDENCE

    Comment : In this court laid down a prudent system of dealing with objections as to admissibility of exhibits. It said that ordinarily if there is an objection – the court shall receive the disputed evidence alongwith a record of objection, and place it tenatively as an exhibit, later at the time of judgment the objection…

  • Wrongful Dismissal of Employee – Period of Limitation

    Comment : In this case the question that arose for consideration was that in a suit for declaration by a employee dismissed wrongfully – which article of Limitation Act is applicable ? what is limitation period ? and from where does it start running ?  Court held that since there is no specific provision – it…

  • Presumption of Death and Insurance Amount

    Comment : The Short, but interesting question that arose in this case was whether a person (whose life was insured) if he gets missing, then when can his relatives claim the policy amount ? If the police has closed the case is he presumed to be dead ? and money can be claimed ? or whether…

  • Mesne Profits and Possession are different causes of action

    Comment : In this decision the court simply held that Mesne Profits and Possession are different Causes of Action, the COA for Mesne Profits does not accrue till possession turns illegal, which is after possession decree is not complied with. Hence the second suit for mesne profits not hit by mischeif of O2 R2.     Karnataka…

  • Vicarious Liability of the State for malicious prosecution by agent

    Comment : In this decision the court was faced with the question “whether state is vicariously liable if its agent maliciously prosecutes a person ?” The court held yes – turning down specious pleas of the state such as : i) No Vicarious Liability for Soveriegn Functions – relying on Kasturi Lal v. State – 1965…