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Showing posts with label facts. Show all posts
Showing posts with label facts. Show all posts
Sunday, 16 August 2020

Kerala HC: The modern concept of access and non-access for drawing presumption of legitimacy of the child as per S 112 of Evidence Act

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When can it be said that the child was begotten? It is certainly not the date of marriage. It is certainly not the date of delivery. It...
Sunday, 18 February 2018

Whether drawing inferences form established facts is a point of law?

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As has been held by this Court, the issue of subletting can be established on the basis of legitimate inference drawn by a court.  In P. J...
Wednesday, 19 July 2017

Whether court can do inquiry in to facts in execution proceeding in respect of decree or award?

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  Thirdly, all the objections referred above ought to have been raised by the respondents before the Arbitrator or/and Additional District...
Wednesday, 1 June 2016

Bombay HC: Party has to plead facts only,not evidence

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I have considered the submissions of the learned Counsel as also gone through the records. On perusal of the impugned Judge, the ...
Friday, 2 October 2015

Whether relief granted by supreme court on special facts exercising power under Art. 142 amounts to precedent?

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 One word before parting. Many a time, after declaring the law, this Court in the operative part of the judgment, gives some directions whi...

Whether decision which centered round its own facts can be precedent in another case in which facts are different?

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In P.G.I, of Medical Education and Research, Chandigarh v. Raj Kumar [(2001) 2 SCC 54], Baneriee, J, on the other hand was of the opinion: ...
Sunday, 7 June 2015

Whether plea of limitation can be decided as per principle of law divorced from facts?

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Mr. Nariman, learned senior counsel appearing for the appellant put heavy reliance on the decision in the case of Ramesh B. Desai vs. Bi...
Tuesday, 2 June 2015

Whether court can investigate fact while deciding application under O 7 R 11 of CPC on ground of limitation?

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Order 7 Rule 11(d) of CPC has limited application. It must be shown that the suit is barred under any law and such conclusion must be drawn...
Saturday, 18 April 2015

Importance of facts of case in ascertaining ratio decidendi of case

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Every settled principle of law has to be rationally understood with reference to the facts of the case in which such principle of law i...
Thursday, 5 June 2014

Opinion versus fact in suit for defamation

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The most misunderstood concept in defamation law is the distinction between fact and opinion and its relation to liability.    ...