Evidence Act, 1872, Section 102 -- Onus to prove - Will - Onus of proving Will is on the propounder and in the absence of suspicious circumstances surrounding the execution of Will on proof of testamentary capacity and signature of testator as required by law, is sufficient to discharge the onus - Where, however there are suspicious circumstances, onus would be on the..........
Defamation -- According to law of Torts, defamation is injury to reputation of a person - If a person injures the reputation of another he does so at his own risk, as in the case of an interference with the property...........
Legal Services Authorities Act, 1987, Section 22D -- Permanent Lok Adalat - Review - Tribunal's power of recall does not equate to rehearing for errors in judgment or a relitigation of merits but allows for correction of procedural errors, such as failure to serve necessary parties or instances of fraud - Review on merits require specific statutory permission, while..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Object of framing an issue is to determine material point of disputes between parties for the purpose of adjudication - Issues can be framed on a question of law or fact or a mixed question of law and fact - Distinct issue is to be formed when a material proposition of law or fact is affirmed by one party and denied..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - There is no necessity to frame an issue, when parties are not at dispute on a particular fact or law - At times, despite pleadings when a specific issue is not framed, but when both parties to lis have let in evidence and rendered their arguments on a point, decision on which is intrinsically connected to main issue,..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Question of law - Courts are vested with powers to go into question of law, touching upon either limitation or jurisdiction, even if no plea is raised and not in cases, where facts have to be pleaded and evidence has to be let in...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Issue of limitation generally is a mixed question of fact and law - However, there is no hard and fast rule that every question of limitation is to be treated as a mixed question of fact and law - Where action is initiated after several years after right to sue accrued, without any pleadings to explain reasons for..........
Practice and Procedure -- Question of law can be raised at any stage...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Once High Court is satisfied that appeal involves a substantial question of law, such question shall have to be framed and finally decided on merits in accordance with procedure u/s 100 CPC...........
Arms Act, 1959, Section 15, 13, 14 -- Arms license - Renewal of license - Law as to - Licensing authority was obliged to obtain a report from concerned Police once it received application of applicant and it is not for applicant to obtain such report - Licensing authority was also obliged to make such enquiry as it considers necessary before taking a decision on the..........
