Comment : In this case the court held a decree of specific performance to be a preliminary decree – in the factual matrix : the Decree Holder/Purchaser could not within the … Continue reading Decree for Specific Performance a preliminary decree
Comment : In this case the question that arose for consideration was that in a suit for declaration by a employee dismissed wrongfully – which article of Limitation Act is applicable … Continue reading Wrongful Dismissal of Employee – Period of Limitation
Comment : In this decision the court was faced with the question “whether state is vicariously liable if its agent maliciously prosecutes a person ?” The court held yes – turning … Continue reading Vicarious Liability of the State for malicious prosecution by agent
Comment : In this landmark decision on S.21 of the Delhi Rent Control Act – which provides for limited period tenancy, if a landlord does not need a premises for a … Continue reading Limited Period Tenancy – S.B.Noronah v. Prem Kumari – 1980
COMMENT : What is the nature, extent and quality of evidence which a prudent person would expect and demand in the facts and circumstances of the case to come to a … Continue reading Standard of Proof in family cases
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 … Continue reading Conditions for admissibility of Secondary Evidence (xerox)..
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 … Continue reading Supreme Court on Legal Insanity.
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 … Continue reading Delhi High Court on attempted evasion of excise/cheating/forgery
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 … Continue reading Fraud vitiates all says Supreme Court
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 … Continue reading The Kerala High Court on Standard of ‘Proof’
Comment : In this case the court was faced with the question “whether application for leave to amend be allowed or not “? The Court reiterating that laws of procedure are … Continue reading Specific Performance against co-ownersS
Comment : In this case the court was dealing with a revision against attachment of salary/gratuity of a person declared P.O. The Court clarified that Gratuity can’t be attached owing to … Continue reading Delhi High Court on Proclamation of Abscondence.