Case Analysis
31st Oct, 2015
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
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, 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
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
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
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
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
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
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
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 […]
11th Oct, 2015
Where the terms of the contract or the conduct of the parties at the time of entering into the contract or the other circumstances under which the contract was entered into are such that the […]
11th Oct, 2015
Where the applicability of Order 37 itself is in question, grant of leave to defend may be permissible. The Court before passing a decree is entitled to take into consideration the consequences therefor. The Courts […]