Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Conveyance - Explanation (As inserted by U.P.Act, 1981) - Deed of dissolution of partnership - No assigned or definite share of partners in movable and immovable assets during existence of partnership - Assignment done on basis of shares partners held in firm - Receipt of assets of firm on..........
Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Explanation (As inserted by U.P.Act, 1981 - Conveyance - Deed of Dissolution of partnership - Consequential deed of release - Deed of release is only a sort of acknowledgement of title of partners to immovable properties conferred on them by deed of dissolution - It cannot be treated as conveyance..........
Evidence Act, 1872, Section 101, 102 -- 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 - Such a shifting of onus is a continuous process in the evaluation of evidence...........
Evidence Act, 1872, Section 101, 102 -- Suit for possession based on title - Once plaintiff is able to create a high degree of probability so as to shift the onus on the defendant it is for the defendant to discharge his onus and in the absence thereof, the burden of proof lying on plaintiff shall be held to have been discharged so as to amount to proof of the plaintiff's..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Permanent disability - Appellant suffered permanent disability of 55% - Appellant sustained a significant head injury - This neurological impairment has had a profound adverse impact on individual's functional capacity, particularly in performing routine occupational activities and responsibilities of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view the age of appellant as 34 years at the time of accident, his monthly income @ Rs.6,950, 40% future prospects, multiplier of 18, 55% permanent disability and other heads under which appellant is entitled to compensation, total compensation of Rs.15,55,211 with 6% interest p.a from date..........
Civil Procedure Code, 1908, Section 2(2), Partition Act, 1893, Section 2, 3, 4 -- Decree - Order made u/ss 2 to 4 of Partition Act is a deemed decree within the meaning of S.2(2) CPC...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings for maintenance remained pending for a decade - Maintenance is payable from date of order...........
Specific Relief Act, 1963, Section 28 -- Rescission of contract - Execution Court permitted DH to deposit balance consideration even after expiry of period fixed by trial court decree - Deposit was permitted just to test the bona fides of DH in pursuing execution - By permitting DH to make deposit to show his bona fides, Court did not foreclose right of JD to seek..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Principles guiding the exercise of power u/s 28 of the Act are : (i) decree for specific performance of a contract is in the nature of a preliminary decree and therefore, till deed is executed pursuant to decree, Court that passed the decree is vested with jurisdiction to either rescind the..........
