Tag: Burden of Proof

By Bharat Chugh Posted on

Manohar Lal Chopra v. RaI bahadur Seth Hiralal – Supreme Court on Court’s power to grant injunction under it’s inherent powers.

Comment : In this case the court held that S.151 does not empower the court to pass wild anti suit injunctions – where the power is expressly given in S.94(a) … Continue reading Manohar Lal Chopra v. RaI bahadur Seth Hiralal – Supreme Court on Court’s power to grant injunction under it’s inherent powers.

By Bharat Chugh Posted on

Burden of Proving good faith of transactions hit by undue influence

Supreme Court of India Krishna Mohan Kul @ Nani Charan Kul … vs Pratima Maity And Ors. on 9 September, 2003 Equivalent citations: AIR 2003 SC 4351, 2004 (1) JCR … Continue reading Burden of Proving good faith of transactions hit by undue influence

By Bharat Chugh Posted on

Presumption as to Joint Family Property – continuing Joint and not seperate

In This case – the court held two very fundamental principles which are of seminal importance in partition cases  –  i) if joint family’s existence is shown – some property/nucleas … Continue reading Presumption as to Joint Family Property – continuing Joint and not seperate

By Bharat Chugh Posted on

Specific Performance of an Agreement vitiated by Fraud/Undue Influence.

Comment : In this case the plaintiff sought specific performance on the basis of an agreement to sell. defendant pleaded that the same was voidable on the ground of fraud … Continue reading Specific Performance of an Agreement vitiated by Fraud/Undue Influence.

By Bharat Chugh Posted on

Supreme Court on S.106 Burden of Proof as to facts especially within knowledge.

 Comment : In this case the Court was faced with a situation where a railway employee was arraigned u/s 420 IPC for having cheated railway by making it give money as … Continue reading Supreme Court on S.106 Burden of Proof as to facts especially within knowledge.