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Judgments and Orders

Child Witness

 04 September 2008

(A) Indian Evidence Act, 1872- Section. 3- Child witness- Evidence of –Credibility- Murder case- Version of child witness is contrary to prosecution version- During investigation, witness not stated name of accused while in statement before Court wit..

Posted in Criminal Law |    hits

Written Statement

 04 September 2008

Civil Procedure Code, 1908, Order 9 Rule 13 and Order 17 Rule 2 Written statement - Filing of - Extension of time - Ex part decree - Settings aside of - Condition that written statement to be filed within two weeks with cost - Extension of time sough..

Posted in Civil Law |    hits

Will- Genuineness

 04 September 2008

(A) Will - Genuineness - Burden of proof - Is on propounder of the Will to remove any suspicious circumstances. (Para 7) (B) Will - Genuineness - Finding of fact - Finding of High Court as well as First appellate Court is that there were suspici..

Posted in Others |    hits

Appeal against Acquittal

 04 September 2008

A. Criminal Procedure Code, 1973 ― Section 378 ― Appeal against acquittal ― Powers of appellate Court in dealing with ― General principles regarding such powers enumerated in detail. In view of Apex Court the following gene..

Posted in Criminal Law |    hits

Section 147 of Motor Vehicle Act, 1988-Pillion-rider not cov

 03 September 2008

Section 147 of Motor Vehicle Act, 1988-Pillion-rider not covered Under statutory insurance policy. ..

Posted in Others |    hits

Works Contract Tax Under VAT

 01 September 2008

Works Contract..

Posted in Taxation |    hits

Service Provder

 01 September 2008

Builder is a service provide..

Posted in Taxation |    hits

Question of LAW

 01 September 2008

Kerala Agricultural Income Tax Act, 1952, Section 60 - Speaking order - High Court not even indicated as to why it considered the conclusions of the Assessing Authority and the Appellate Authority to be unsustainable - Open to High Curt not to answer..

Posted in Others |    hits

Unsoundness of Mind

 01 September 2008

(A) Evidence Act, 1872, Section 105 - Penal Code, 1860, Section 84 - Unsoundness of mind - Burden of proof - Is on accused - Not so onerous as that upon the prosecution to prove criminal charge - Where during investigation previous history of insanit..

Posted in Criminal Law |    hits

UCO BANK & ANR v. RAJINDER LAL CAPOOR

 30 August 2008

..

Posted in Civil Law |    hits

Amendment of Plaint

 30 August 2008

Amendment of plaint - Introducing a certified copy of the lease deed in evidence - Declaratory suit for joint title and recovery of possession - Ancient document of 1875 relied upon by plaintiff - Appellate court ought to have granted opportunity to ..

Posted in Civil Law |    hits

Negligence - 304A IPC

 30 August 2008

Penal Code, 1860, Section 304A - Negligence - Death of deceased by electrocution - Defence of accused that to prevent wild animals from going into filed, he had put the wire - Probability of defence version is borne out from various factors - Two pol..

Posted in Criminal Law |    hits

Suspension of sentence during pendency of appeal

 28 August 2008

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Posted in Criminal Law |    hits

Suspension of sentence during pendency of Appeal.

 28 August 2008

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Posted in Criminal Law |    hits

Action against delinquent Police Officers for not reg. FIR

 28 August 2008

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Posted in Criminal Law |    hits

Right to emergency care

 28 August 2008

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Posted in Others |    hits

Pension should be paid in first week

 23 August 2008

Every pensioner whether he/she is employee of Government of India, State Government, Corporation or public sector is entitled to pension on the beginning of every month. ..

Posted in Corporate Law |    hits

Transfer of Suit-SEction 24 CPC

 22 August 2008

Section 24 Code of Civil Procedure-Transfer of suit- Court is required to issue notice to the other side and hear the party before directing transfer. Court must judicially in ordering a transferon the application of a party...

Posted in Civil Law |    hits

S 319 Cr.P.C.

 19 August 2008

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Posted in Criminal Law |    hits

BURDEN OF PROOF & ONUS OF PROOF - DISTINCTION

 16 August 2008

As held in A. Raghavamma v. A. Chenchamma there is an essential distinction between burden of proof and onus of proof: burden of proof lies upon a person who has to prove the fact and which never shifts. Onus of proof shifts...

Posted in Civil Law |    hits







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