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Others Judgments and Orders

Serving of notice of summons is necessary and no order that affects the rights of a party should be heard without providing them with an opportunity to represent the case

 20 August 2020

The court held that summons have to be issued to the petitioner on whose petition the order for winding up was made. It is implicit that if the directions which have to be given by the court would affect any person prejudicially hemust be served with..

Posted in Others |   1058 hits

Limitation for filing an application for execution of a foreign decree of a reciprocating country in India

 19 August 2020

The appeal was dismissed and the bench gave a decision to uphold the orders of both the Courts..

Posted in Others 1 comments |   669 hits

Disaster Management Act 2005

 07 August 2020

The Supreme Court of India showed its concern about all the industries/establishments, employees and workers through its judgement. It duly noted that all industries/ establishments are of different nature and have different capacity, including finan..

Posted in Others 1 comments |   1443 hits

Witnesses can be cross-examined as to previous statements in writing

 29 July 2020

The court observed that the words "to contradict him" appearing in s. 145 of the Evidence Act must carry the same meaning as the words "to contradict such witness" in s. 162 of the Code. Further, the court laid down that the witnesses can be cross-ex..

Posted in Others |   1545 hits

Appeal dismissed based on oral evidence without corroboration of witnesses

 29 July 2020

The court found no substance in the contentions of the appellant whereby it was pleaded that evidence cannot be accepted without having a corroboration of independent witnesses. The court accepted the sole testimony of the victim who was shot with a ..

Posted in Others 1 comments |   1477 hits

Calcutta HC Pulls Up State Police For Rampant Child Marriages

 29 July 2020

In a recent, remarkable and righteous decision, the Calcutta High Court just recently in 'Court In Its Own Motion In Re: Contagion of Covid-19 Virus In Children Protection Homes (Through video conference) in W.P. 5327 (W) of 2020 while taking strict ..

Posted in Others |   1297 hits

Person Suffering From Covid-19 Cannot Be Expected To Produce Proof For Free Treatment In Hospital Under EWS Category

 28 July 2020

 In a big respite for Covid-19 patients which has ostensibly given them a good and genuine reason to smile is the recent, remarkable and righteous decision delivered by the Bombay High Court just recently on June 26, 2020 in Abdul Shoeb Shaikh and Or..

Posted in Others |   1283 hits

US Supreme Court Rules Against Absolute Immunity For President From Criminal Investigation

 27 July 2020

In a most recently decided high profile case titled Donald J Trump v. Cyrus R Vance, District Attorney Of The County Of New York, Et Al. 591 US ­­­_ (2020) on Writ Of Certiorari To The United States Court Of Appeal For The Second Circuit that was dec..

Posted in Others |   1348 hits

Deductions to the salary of an officer in reference to other Laws of the Land

 25 July 2020

It was decided by the Court in this regard that as there is no law of the Governor-General-in-Council whereby the salary of an officer is to be deducted, vide Section 60 (2) (b), the officer's salary is not liable to attachment or deductions...

Posted in Others |   1370 hits

Bombay HC Dismisses PIL Alleging Negligence In Management Of Dead Bodies Of Covid-19 Victims By MCGM Staff

 24 July 2020

In a latest and fresh development, the Bombay High Court just recently on July 3, 2020 in Ketan Tirodkar Vs State of Maharashtra & Anr in Case Number: PIL-CJ-LD-VC-29 of 2020 dismissed a public interest litigation (PIL) alleging negligence in manage..

Posted in Others |   969 hits

The need and severity of the punishment granted by the Court Martials in relation to certain offences

 24 July 2020

The Court looked into the previous judgments on the same matter and decided that the perusal as to the charges was not conducted in the appropriate manner and therefore complete understanding of the charges and the facts as to the said charges needs ..

Posted in Others |   1139 hits

Privilege in case of communication within a corporation between employees, including a legal adviser

 23 July 2020

The Court held that the first question that is to be answered is whether the document of communication contains any confidential information. It was concluded that this particular document and the information contained within upon speculation does no..

Posted in Others |   1632 hits

A dying declaration not in the question-answer form is admissible under s.32 of the Indian Evidence Act

 23 July 2020

The Supreme Court examined the question on the admissibility of the three dying declarations of Smt. Uma Devi and observed that the principle on which the dying declarations are admitted in evidence is indicated in legal maxim – “Nemo moriturus praes..

Posted in Others |   850 hits

As far as the entries in the register of births or deaths or marriages are concerned, the evidence must be produced to connect the entries with the persons whose births or deaths or marriages have to be established

 23 July 2020

The court held that there was no justification for the Authorities under the Rules to reject the school certificate and the medical certificate. There was not even an iota of evidence on the record to show that the appellant was minor on the date of ..

Posted in Others |   698 hits

Evidentiary value of photograph

 23 July 2020

The court held that Ethyl Wong was a competent witness. Under Section 118 of the Indian Evidence Act all persons are competent to testify unless the court considers that they are prevented from understanding the questions put to them for reasons indi..

Posted in Others |   1654 hits

The burden of proof lies on the appellant under section 106 of the Evidence Act

 22 July 2020

The court held that the burden of proof lies on the appellant Anil since all that was required of the him was to explain the unusual situation, namely, of the unnatural death of his wife in their room, but he made no attempt to do this. Under Section..

Posted in Others |   905 hits

The expert in the present case did not commit perjury

 22 July 2020

The court held that merely because an expert has tendered an opinion while also furnishing the basis of the opinion and that too without being conclusive and definite, it cannot be said that he has committed perjury so as to help somebody...

Posted in Others |   849 hits

Sections 93 and 94 deal with patent ambiguity and Sections 95, 96 and 97 deal with latent ambiguity

 22 July 2020

In the result, the appeal is allowed and the judgment and decree dated 29-7-1993 passed by the learned 1st Additional Judge, City Civil Court, Hyderabad, in O.S. No. 754 of 1983, are hereby set aside. In sequel thereto, the suit stands dismissed. The..

Posted in Others |   889 hits

Whether a map can be admitted under Section 83 without proving accuracy

 22 July 2020

The Judge allowed this appeal and stated that the if any map or plan is made for the purpose of any cause, the said map or plan will have to be proved to be accurate. The onus of proving such map as accurate lies on the party who wants to rely on the..

Posted in Others |   2097 hits

The statements made before the circumstances of death as being included in Dying Declaration

 21 July 2020

Stating that, “a confession must either admit in terms the offence or at any rate substantially all the facts which constitute the offence. An admission of a gravely incriminating fact, even a conclusively incriminating fact is not in itself a confes..

Posted in Others |   1379 hits