Case Analysis

20th Nov, 2015

Hindu Succession (Amendment) Act, 2005 prospective in effect #indianlaws

An amendment of a substantive provision is always prospective unless either expressly or by necessary intendment it is retrospective. Even a social legislation cannot be given retrospective effect unless so provided for or so intended […]
31st Oct, 2015

In The Case Of Composite Negligence Claimant Entitled To Sue Both Or Any One Of The Joint Tort Feasors #indianlaws

In case of accident caused by negligence of joint tort feasors, all the persons who aid or counsel or direct or join in committal of a wrongful act, are liable. In such case, the liability […]
31st Oct, 2015

Demand Of Illegal Gratification Also To Be Proved While Constituting Offence Of Corrupt Practices #indianlaws

The legal position with regard to Section 7 of the Prevention of Corruption Act is settled that mere possession and recovery of the currency notes from the accused without proof of demand will not bring […]
31st Oct, 2015

Expression “Fact Discovered” In S.27 Of Evidence Act Also Includes Mental Fact Besides Physical Or Material Fact #indianlaws

The expression “fact discovered” in Section 27 of the Evdence Act is not restricted to a physical or material fact which can be perceived by the senses. It does include a mental fact. The information […]
31st Oct, 2015

Liability Of Insurer Continues Notwithstanding The Contract Of Transfer Of Vehicle #indianlaws

Liability of insurer continues notwithstanding the contract of transfer of vehicle, such contractual liability cannot be said to be excluded by virtue of second proviso to Section 147(1) of the Motor Vehicles Act of 1988. […]
31st Oct, 2015

An Unstamped Instrument Is Not Admissible In Evidence Even For Collateral Purpose #indianlaws

In a suit for partition, an unregistered document can be relied upon for collateral purpose i.e. severancy of title, nature of possession of various shares but not for the primary purpose i.e. division of joint […]
31st Oct, 2015

Courts not to appoint a substitute arbitrator only in cases of clear prohibition in the Agreement #indianlaws

Whenever parties agree for arbitration and even name a specific arbitrator with no specific provision for appointment of another arbitrator on the recusal/withdrawal of the said arbitrator, the said omission is made up by Section […]
31st Oct, 2015

No copyright subsist in a title of work #indianlaws

A title of a work has been considered to be not fit to be the subject of copyright law. A title by itself is in the nature of a name of a work and is […]
11th Oct, 2015

While admitting public document in evidence its probative value has to be checked #indianlaws

A public document may be admissible, but as to whether the entry contained therein has any probative value may still be required to be examined in the facts and circumstances of a particular case. Even […]
11th Oct, 2015

Entries of mutation and jamabandi are public documents and thus admissible in evidence #indianlaws

The Himachal Pradesh High Court has held, that  public documents in the form of entries of mutation and jamabandi are relevant facts under Section 35 of the Indian Evidence Act 1872 and therefore admissible in evidence.
11th Oct, 2015

Directions given to trial courts on cases of child abuse and protection to child witnesses #indianlaws

Trial Court must ensure the examination of the child witness by giving due protection to him and bring the child out of the pressure of the Petitioner/ Accused as well as of the father of […]
11th Oct, 2015

Assignor does not lose right to continue appeal because of assignment during the pendency of appeal #indianlaws

Merely by transfer of the property during the pendency of the suit or the appeal, plaintiff or appellant, as the case may be, ordinarily has a right to continue the appeal. It is, at the […]