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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..
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 ..
The court held that the view expressed by the First Revisional Court that no Muslim woman can maintain a petition under Section 125 Cr.P.C. is unsustainable. Conclusions in the view of a statement alleging utterance of the word ‘Talaq’ thrice is not ..
The court upheld the validity of the Act while reiterating the principles laid down under Shah Bano case that the husband’s liability to maintain his wife is not confined and doesn’t end with the iddat period. A distinction has to be made between ‘pr..
As per the dissenting opinion of Justice Birchwood, section 132 of the Indian Evidence Act read with section 14 of the Indian Oaths’ Act, compels a witness to answer criminating questions and he is protected by the proviso to section 132 from crimina..
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..
The Supreme Court allowed the appeal and held that there was no presumption of undue influence being used in this case. In case it was to be proved, the burden lies on the person who is in a position of power to influence the executor. The deed was e..
The Supreme Court set aside the order of the High Court which was passed in favour of the Respondents and upheld the decision of the trial court. It was held that the current facts and circumstances raised grave concern over the genuineness over the ..
The Supreme Court while affirming the infringement of Right to Privacy via phone tapping laid down several guidelines for the exercise of the Executive’s surveillance. It was laid down that the home secretary of the Union government or the State gove..
The verdict of the Supreme Court concluded that the power of the President to dismiss a State government is not absolute. Further, the President should exercise the power only after his proclamation is approved by both Houses of Parliament. Until the..
In the present case, the parties had no intention to take delivery of the goods but were only dealing with price differences such that they mutually intended the transaction to be of wagering nature. Although wagers are void u/s 30 of ICA but cannot ..
Where a fiduciary or quasi fiduciary relationship has been established, the burden of sustaining the transaction is set upon the party which is going to benefit from it to show that the transaction was of an unobjectionable nature as per s111 of the ..
In the opinion of the court, the Plaintiff had substantially fulfilled the terms of the contract. There was an open offer to the whole world on behalf of the Defendant through the handbill and was also capable of getting an acceptance from any person..
The Court held that the Contracts over the telephone are treated similar in principle to those contracted by the parties in the physical presence of one other. An oral offer is made and an oral acceptance is to be completed in both cases. It is essen..
The court held that the plea had been raised on the wrong impressions under Disabled Persons Act. The Indian railways stand not liable on the basis of contract which was admittedly made with a foreign railway. The burden of proving that the car was l..
The court held that the contentions of the defendant do not appear to be correct in the facts of the present case. The contract in itself had indicated the terms in which the respective obligations were to be performed by the parties. The court provi..
The court held that the business was a joint venture and not the sole proprietary concern of the Appellant No. 1. There is no document in writing to prove partnership. Accounts had not been demanded by the plaintiffs or the defendant no. 3 for a long..
Rule 38 of BCCI Rules was examined and it was held that it only stipulated the creation of a committee and not a Commissioner to inquire concerning the procedure for conducting proceedings in case of misconduct, hence the appointment of commissioner ..
Following the order of the High court, it was held that the family transferred the mortgage interest in trust to the charity for valuable consideration within the meaning of s. 9-A(10)(ii)(b) of the Act and the mortgage deed was not liable to be scal..
The court rejected the contentions of the plaintiff. It was held that the shops were constructed at the desire of the collector and additionally there moved no consideration from the plaintiff under s25 of the act in order to consider it as a valid c..
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