Evidence Act, 1872, Section 102 -- Onus to prove - Joint Family Property - Sale by Karta - Onus to prove that a sale made by Karta on behalf of other coparceners of HUF for legal necessity lies on alienee/purchaser - However, onus of proof on stranger/purchaser cannot run counter to principle of reverse burden enshrined in S.106 of the Act and saddle him with liability to..........
Civil Procedure Code, 1908, Section 151 -- Restoration of suit dismissed as withdrawn - Suit was withdrawn with liberty to file afresh suit due to wrong advice of previous counsel as well as lack of legal knowledge of plaintiff - Plaintiff was not aware that she will have to deposit Court fee again if suit is to be filed afresh - Since counter claim filed by defendant in..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Lack of legal knowledge constitutes no ground for permitting 2additional evidence when trial is at stage of rebuttal evidence and arguments...........
Criminal Procedure Code, 1973, Section 24, 304 -- Role of Public Prosecutor and appointment of legal aid lawyers - Directions issued: (i) It is the duty of Court to ensure that proper legal aid is provided to an accused; (ii) When an accused is not represented by an advocate, it is duty of every Public Prosecutor to point out to Court requirement of providing him free..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Where amendment sought is not related to facts but only seeks to introduce a purely legal proposition and to claim an alternate relief, knowledge of plaintiffs in respect of amendment prior to suit would not be material...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that sale deed is null and void - Plaintiffs nowhere in the plaint, specifically mentioned the date, even approximately when they came to know about registered sale deed mentioned in the suit - Contention that deceased used to look after legal affairs and..........
Revenue record -- Entries in subsequent jamabandis cannot be relied upon when there was no basis for the change and there was no evidence of knowledge of the person who is likely to be effected by such change, regarding the entry - Therefore, his legal heirs cannot be debarred from changing the entry...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compliant by power of attorney holder - Such power of attorney holder or legal representative should have due knowledge about the transaction in question - Power of attorney holder accountant of complainant and working under him - Under such circumstances, his knowledge itself is presumed and that has..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Summons was served, yet wife refused - Wife had knowledge of legal procedure, as she filed three criminal cases against husband - On several dates after summons was served and wife did not remain present, decree of divorce came to be passed after waiting for almost 6..........
Insolvency and Bankruptcy Code, 2016, Section 43, 44 -- Exception - Respondents plea of that transactions in question as preferential would result in impacting large number of transactions undertaken by bankers/financial institutions, of financing in ordinary course of their business; and consequences may be devastating and irreversible on economy - As several of..........
