Author: Bharat Chugh
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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,…
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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…
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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…
