Service -- Back wages - Burden of proof - Earlier burden of proof that workman was gainfully employed during the period of termination was on the employer - But now there is a change in the approach of the Court - Now law is that burden of proof that he remained unemployed is on workman - Several factors have to be considered while granting back wages such as nature of..........
Contempt of Courts Act, 1971, Section 2(a) -- Contempt of Court - Law as to - Exercise of power under Contempt of Court has to be cautious and use of it rather sparingly - Proceedings are quasi criminal in nature and burden of proof is on the person who makes such an allegation - Mere disobedience is not sufficient and there must be an element of willingness which is an..........
Telephone bill -- Excessive and exorbitant - Print out of call details in seriatum pertaining to his telephone number as on record ample proof that calls made from his number - Telephone of the appellant provided with dynamic lock facility - The allegation of appellant by way of his affidavit cannot be accepted in the face of the fact that this document list call details..........
Negotiable Instruments Act, 1881, Section 118(a) -- Consideration - Presumption - Pronote - Execution if proved it is to be presumed that it is supported by a consideration - Such presumption is rebuttable by a probable defence - Onus shifts on plaintiff when defendant discharges the initial onus of proof showing that the existence of consideration was improbable or..........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Consideration - Presumption - Rebuttal - It is not necessary for accused to disprove the existence of consideration by way of direct evidence - Accused can raise a probable defence from the material brought on record by him as well as by the complainant - Presumption could be rebutted..........
Family arrangement -- Law as to - Analysed - (1) A family arrangement can be made orally; (2) If made orally, there being no document, no question of registration arises; (3) If the family arrangement is reduced to writing and it purports to create, declare, assign, limit or extinguish any right, title or interest of any immovable property, it must be properly stamped and..........
Negotiable Instruments Act, 1881, Section 4, Evidence Act, 1872, Section 118(a) -- Negotiable instrument - Presumption - When execution is proved there is presumption of consideration - Such presumption is rebuttable - Defendant can prove the non-existence of consideration by raising a probable defence - If the defendant is proved to have discharged the initial onus of..........
Will -- Execution - Proof - Testator lived for several years after execution of Will and he did not take any steps for its cancellation - This by itself is a factor which Court may take into consideration for upholding the validity of Will...........
Transfer of Property Act, 1882, Section 54 -- Sale - Consideration - Proof - Recital in sale deed that entire consideration already paid - It is of no use when original sale deed is produced by defendant - It is usual practice that after registration of sale deed 'Registration Receipt' is exchanged and the same is handed over to the purchaser with endorsement and signature..........
Transfer of Property Act, 1882, Section 54 -- Sale - Consideration - Proof - Consideration amount stated to be paid in presence of Registrar - No such endorsement of Registrar on sale deed - Absence of such endorsement on the deed will be deemed that no consideration amount passed to the seller inspite of the fact that there was recital in the sale deed regarding the..........