Every published post, from the latest to the oldest. Browse the complete collection below, or search for a subject, book or idea.
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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…
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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 –…
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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…
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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…
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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…
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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…
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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…
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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…
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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 ?”…
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Second Marriage ground for divorce for muslim woman
Comment : This decision is a preposition for “the second marriage of a muslim husband is cruelty for the wife entitling her to obtain divorce…
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Limited Period Tenancy – S.B.Noronah v. Prem Kumari – 1980
Comment : In this landmark decision on S.21 of the Delhi Rent Control Act – which provides for limited period tenancy, if a landlord does…
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Standard of Proof in family cases
COMMENT : What is the nature, extent and quality of evidence which a prudent person would expect and demand in the facts and circumstances of…
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Rent Note is a lease
Comment : A Rent Note issued by a tenant – is also lease within the meaning of S.2(7) of the Registration Act, and can be…
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Conditions for admissibility of Secondary Evidence (xerox)..
Comment – This case is a preposition on ‘That secondary evidence can be lead only i) proof that original existed; ii) Section 65 conditions are…
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Is Hindu Marriage a Sacrament or a Contract or a semblance of both ?
The Real Nature of Hindu Marriage, the following paragraph by Jurist Paras Diwan has become the locus classicus on examining the real nature of…
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SC on forfeiture of earnest money – Fateh Chand v. Balkishen Dass
Comment : This case is a preposition on “that notwithstanding provision for forfeiture of earnest amount – the party can only forfeit so much…
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Contract via fax/telex/phone
COMMENT : If the acceptance is communicated by way of phone/telex/fax (inter presentees communication) the contract crystallises at the place where the fax is…
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Supreme Court on Legal Insanity.
Comment : In this landmark decision the Supreme Court laid down the fundamentals of burden of proof, the standard of proof – the primary…
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Delhi High Court on attempted evasion of excise/cheating/forgery
Comment : Factual Matrix : A wine shop owner was indicted for having obtained liquor sanctioned for sale only in Haryana, and forged by…
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Fraud vitiates all says Supreme Court
Comment : In this classic judgment by J.Kuldip Singh, the court was faced with the following factual matrix : A obtained a decree against B,…
