Author: Bharat Chugh

  • 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 and secondary burden of proof on the prosecution and the defence, what kind of evidence is required to prove legal insanity ?    Dahyabhai Chhaganbhai Thakker vs State Of Gujarat on […]

  • 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 pasting stickers ‘for Delhi’ and in the process evading Delhi Revenue of excise due. Charges were framed – 482 Made to challenge framing of charges – the court held that this […]

  • 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, in execution auction sale of Judgment Debtor/B’s property was held, at A’s behest C (his clerk) purchased property benami in his name, and later relinquished his rights in the property in […]

  • Supreme Court on caretaker/servant’s possession.

    Comment : Factual Matrix in this case stands thus, A sister who was away with her husband who was on official duty, gave her house to her brother gratuitously to live – almost as a caretaker, the brother later attempted to recover possession of the property u/s 6 SRA. The Court negatived his plea by reiterating that […]

  • Guardian Ad litem for Insane Defendant

    COMMENT : tersely put this judgment envisages that whenever in a suit it is asserted that the defendant is of unsound mind – the court should embark upon an enquiry into the soundness of the defendant under o.35 r 15 – and then proceed to appoint guardian ad litem if required.  Krishnankutty Vs. Veena M.G. […]

  • The Kerala High Court on Standard of ‘Proof’

    Comment : In this extra-ordinary judgment – the court was faced with an appeal by a wife against the lower court judgment where the court negatived her suit for recovery of her articles, on the following grounds :- i) Failure to prove that articles were actually given – the evidence of plaintiff herself – was interested, […]

  • Specific Performance against co-ownersS

    Comment  : In this case the court was faced with the question “whether application for leave to amend be allowed or not “? The Court reiterating that laws of procedure are meant to subserve justice and not to frustrate it over hair-splitting technicalities . The factual matrix was A entered into an agreement to Sell Black […]

  • Stay of Suit sine die against sick co. as per BIFR

    Comment : The Court was faced with the question whether a suit against a sick company (under BIFR) is liable to be stayed/adjourned sine die in the event of company not admitting the claim ?  The Court held no – if the company admitted the claim the situation would have been otherwise – however since they […]

  • Delhi High on Cancellation of Agreement to Sell

    Comment  : In this case the Court was faced with an issue where a vendor after selling the property – did not disclose that the same was encumbered towards House Tax, which the vendee had to bear (see he could have claimed that amount u/s 69 Indian Contract Act – but he did not !!)  he […]

  • Delhi High Court on Proclamation of Abscondence.

    Comment : In this case the court was dealing with a revision against attachment of salary/gratuity of a person declared P.O. The Court clarified that Gratuity can’t be attached owing to bar on that account, though salary can be attached and provisions of CPC need not detract here for CrPC Purposes Narender Kumar Chawla vs State […]