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) CPC/O.39 R 1 & 2, […]
Tag: Burden of Proof
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 30 SC Author: A Pasayat […]
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 is shown ii) It is […]
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 and undue influence and was […]
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 T.A (Travel Allowance) when indeed […]
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, […]
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 […]