Law and Justice
Essays on law, liberty, justice, advocacy, and the responsibilities of judging.
-
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 ?”…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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,…
