Author: Bharat Chugh

  • 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 relied upon (if not compulosarily registrable) to establish Landlord-Tenant Relationship   Allahabad High Court Ram Sewak Jaiswal vs Abdul Majeed And Ors. on 21 March, 1980 Equivalent citations: AIR 1980 All…

  • 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 met; iii) If the primary document in somebody’s custody – Notice u/s 66 was served on the person.    Rajasthan High Court Rajasthan Golden Transport … vs Lrs. Of Amritlal on…

  • 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 Hindu Marriage ?    The HMA has reformed the Hindu Law of Marriage, But on question which people often raise, has the HIndu marriage now become a Contract or remains a…

  • 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 of an amount as is reasonable within the meaning of S.74 of the Indian Contract Act, 1972 – meaning thereby parties don’t have the last word – and should lull themselves…

  • 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 recieved. The normal rule of postal communnication as laid down in S.4 is not applicable. Reliance was placed on the landmark decision of Bhagwandass v. Girdhari Lal (1966) SC which in…

  • 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.…