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Showing posts with label privy council. Show all posts
Showing posts with label privy council. Show all posts
Friday, 22 September 2023

Under which circumstances the court can grant relief to defendant?

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  It has long been recognized that one or more of several persons jointly interested can bring an action in respect of joint property and if...
Sunday, 27 November 2022

Privy Council: The principle of joint tenancy is unknown to Hindu law except in the case of the joint property of an undivided Hindu family

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 With reference to this decision Lord Watson observed: There are two substantial reasons why it ought not to be followed as an authority. In...
Sunday, 13 October 2019

Whether decree passed in suit will be binding only to parties to suit if their application for filing representative suit is rejected?

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"We are satisfied," say the learned Judges, that no permission was applied for orally or in writing, and that no permission ...
Friday, 28 December 2018

Whether right to appeal is available if special statute under which right is claimed which does not confer right to appeal?

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In the case of R.M.A.R.A. Adaikappa Chettiar v. R. Chandrmekhara Thevar MANU/PR/0005/1947 : AIR 1948 PC 12, while considering a similar ra...
Friday, 9 November 2018

Whether validity of trial and conviction of accused will be affected by any irregularity in his arrest?

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The contention of the appellant was that his arrest, having been effected in Jind territory by a British Indian officer, was illegal and t...
Sunday, 4 November 2018

Whether champerty and maintenance is legal in India?

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In India, of course,  champerty or maintenance  is not illegal.  In Glegg v Bromley [1912] 3 K. B, 474. Mr. Justice Parker, as he then w...
Sunday, 4 March 2018

Whether issue involved in suit should be decided on basis of statements of parties or their relation to estate?

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Their Lordships regret that they are unable to accept the interpretation placed by the High Court upon the statements, and they agree with...
Wednesday, 3 January 2018

Whether admission in pleading can be accepted in part?

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If an admission in pleading is made subject to a condition, it must either be accepted subject to the condition or not accepted at all. ...

Whether a person can be held bound by recitals of deed even if he has signed said deed without reading it?

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Their Lordships wish to add that in a case where the person executing the deed is neither blind nor illiterate, where no fraudulent misrep...
Sunday, 29 October 2017

Privy council :Landmark judgment on burden of proof and onus of proof

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What is called the burden of proof on the pleadings should not be confused with the burden of adducing evidence which is described as "...
Sunday, 8 March 2015

How to ascertain damages in case of chain contracts?

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By virtue of a clause in one of the earlier documents, which will be mentioned shortly and which is in conformity with the usual practice...
Thursday, 4 December 2014

Whether there can be valid registration of document by power of attorney when principal is dead?

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 In the interval between the execution of the completed deed and its presentation to the registrar the munshi died. The legal question no...
Thursday, 5 April 2012

Whether contract will be become void if it was entered due to economic duress?

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Traditionally, duress rendered a contract voidable only if it was physical duress (which involved a threat to the person or belongings of...
Friday, 23 March 2012

How to appreciate evidence of Child Witness?

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Precautions which must be borne in mind in evaluating the evidence of a child-witness  In Bhojraj v. Sitaram, AIR 1936 PC 60, it was poi...