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...
VALIDITY OF REJECTION OF BOOKS OF ACCOUNTS ON GROUND OF MAINTAINING ..
What happens if there is valid driving license in motor accident claim...
Scheme of Appointment on Compassionate Grounds to the son, daughter or any other member of the family, in the case of the death of the employee in harness or medical invalidation is valid. ..
common intention pre-supposes prior concert. Care must be taken not to confuse same or similar intention with common intention; the partition which divides their bonds is often very thin, nevertheless the distinction is real and substantial, and if o..
One of the fundamental norms of judicial process is that arguable questions either legal or factual, should not be summarily dismissed without recording a reasoned order...
Clause (1) of Article 254 speaks about over-riding effect of a law made by Parliament which the Parliament is competent to enact. Same is the position in respect of a provision of existing law with respect of one of the matters enumerated in co..
(A) Code of Criminal Procedure, 1973 (2 of 1974), Section 319 - Addition of accused - Power of Court - Court can exercise only on the basis of evidence adduced before the Court - Word "Evidence" in Section 319 contemplates evidence of witnesses given..
Once court confirms the sale in favour of the highest bidder in pursuance of the action, the same cannot be set aside unless some fraud is played collusion. Subsequent higher offer will not be taken into consideration..
Pending arbitration, the Arbitrator can grant interim directions and make interim arrangement between the parties. ..
Demand of share of the wife in the ancestral property of the wife does not come within the meaning of "cruelty" defined in I.P.C...
Under Section 9 of Code of Civil Procedure Code whether the Civil Court has jurisdiction in the Labour disputes. Overlapping jurisdiction of two Courts in service matters. Held- when a right accrues under two statutes vis-à-vis the common law right, ..
Relationship of Employer employee relationship ceases to exist after retirement.So the employer cannot initiate any disciplinary action after retirement...
Doubts would be called reasonable if they are free from a zest for abstract speculation. Law cannot afford any favourite other than truth. To constitute reasonable doubt, it must be free from an overemotional response. Doubts must be actual and subs..
the Magistrate should grant maintenance only from the date of the order and not from the date of the application for maintenance. And if he intents to pass such an order, he is required to record reasons in support of such order. ..
Order of registration of FIR and its investigation by the police is not essential on each and every application under section 156(3) Cr.P.C. ..
There is no parity in rejection of bail...
Presumption of innocence of accused is reinforced by an order of the acquittal. The appellate court could have interfered only for very substantial and compelling reasons. ..
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