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Lawyersclubindia Judiciary

Presumption of marriage is rebuttable

 12 May 2008

When Section 50 read with Section 114 of the Indian Evidence Act, 1872, it is clear that the act of marriage can be presumed from the common course of natural events and the conduct of parties as they are borne out by the facts of particular case. Th..

Posted in Family Law |    hits

Intention and Recklessness - Distinguished

 12 May 2008

The Supreme Court in Naresh Giri v. State of M.P. in App. No. 1530/2007 distinguished the mental state required under section 302 IPC from the one required under section 304A IPC. It was a case wherein the driver of a bus, which was hit by a train in..

Posted in Criminal Law |    hits

Delay is no ground for refusing amendment of pleadings

 12 May 2008

While allowing the prayer for amendment of the written statement by setting aside the order of Special Court (Trial of offences relating to Transactions in Securities) the Court observed thus: (i) delay is no ground for refusal of prayer for amendm..

Posted in Civil Law |    hits

Appeal against a consent decree is not maintainable

 12 May 2008

Two important issues involved in this case are (i) whether the appeal against the consent decree is maintainable? And (ii) whether the compromise statement of the appellant’s counsel and respondent’s counsel recorded by the court is a valid compromis..

Posted in Civil Law |    hits

Dying declarations in dowry death cases

 12 May 2008

The Supreme Court detailed the admissibility of dying declaration thus: “Normally, the court places reliance on the medical evidence for reaching the conclusion whether the person making a dying declaration was in a fit state of mind, but where the ..

Posted in Criminal Law |    hits

what is limitation for use of NJS stamp paper

 11 May 2008

Appellants: Thiruvengada Pillai Vs. Respondent: Navaneethammal and Anr. Hon'ble Judges: R.V. Raveendran and P. Sathasivam, JJ. ..

Posted in Legal Documents |    hits

Scale of Pay-Equal ytreatment to all employees

 17 April 2008

Thus, the Corporation cannot put forth financial loss as a ground only with regard to a limited category of employees. It cannot be said that the Corporation is financially sound insofar granting of revised pay scales to other employees, but finds fi..


Question of bias in domestic enquiry

 17 April 2008

The very fact is that the disciplinary committee who found the respondent(herein) guilty participated in decision making process for finding the respondent(herein) guilty and to dismiss him from service is bias which is apparent & real...


Section 14(1)(e) of Delhi Rent Control Act, partly struck down

 17 April 2008

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Posted in Property Law 1 comments |    hits

No limitation for use of stamp paper

 14 April 2008

No impediment for a stamp paper purchased more than six months prior to the proposed date of execution, being used for a document ..

Posted in Property Law |    hits

Order passed under Section 156(3) Cr.P.C. can't be challenge

 10 April 2008

Order passed under Section 156(3) Cr.P.C. for registration of F.I.R. and investigation can not be challenged in Revision by prospective accused...

Posted in Criminal Law |    hits

Maintenance allowance fixed in the compromise can be altered

 10 April 2008

Maintenance allowance fixed in the compromise can be altered u/s 127 Cr.P.C. ..

Posted in Family Law |    hits

Important question regarding right to information raised

 10 April 2008

Important question regarding right to information raised ..

Posted in Others |    hits

Circumstances - when compromise decree inexcutable

 10 April 2008

Circumstances - when compromise decree inexcutable ..

Posted in Civil Law |    hits

Circumstances - when compromise decree inexcutable

 10 April 2008

Circumstances - when compromise decree inexcutable ..

Posted in Civil Law |    hits

- Exclusive property - when can be divided u/s 27 of the Hindu Marriage Act

 10 April 2008

- Exclusive property - when can be divided u/s 27 of the Hindu Marriage Act ..

Posted in Family Law |    hits

Garages may not be used for purposes other than keeping vehicles

 10 April 2008

Garages may not be used for purposes other than keeping vehicles or as a store. ..

Posted in Others |    hits

Magistrate must record statements of all witnessess u/s 202 Cr.p.C.

 10 April 2008

In a complaint triable by a Sessions Court, Magistrate must record statements of all witnessess u/s 202 Cr.p.C. ..

Posted in Criminal Law |    hits

Candidate appearing in selection is estopped from challenging it

 10 April 2008

Candidate appearing in selection is estopped from challenging it. ..

Posted in Others |    hits

PWD Act, Sec 47: Kunal Singh vs Union of India

 10 April 2008

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Posted in Civil Law |    hits






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