Specific Relief Act, 1963, Section 16(c) -- Readiness and willingness to perform contract - Mandatorily required in terms of Section 16(c) - Incumbent upon plaintiff both to aver and prove that he had all along been ready and willing to perform essential terms of contract required to be performed by him - Forms 47 and 48 of Appendix A Civil Procedure Code prescribe the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Proof of delivery of exclusive possession is necessary to succeed to the ground of sub tenancy...........
Hindu Law -- Partition - Joint Family Property - Different partnership deeds amongst different family members in different combinations - Not a proof of separation - A family which carries on a number of business, it is quite often that it is carried out under different names and styles and often constitutes different names and styles and often constitutes different..........
Indian Penal Code, 1860, Section 452, 307, 302, 34 -- Conviction by Sessions Court - Acquittal by High Court - Appeal against acquittal - High Court acquitted on ground of no proof of light, improvements and contradictions in testimony of prosecution and difference in occular and medical evidence regarding injuries - Supreme Court finding view of High Court based on grave..........
Service -- Disciplinary enquiry - Technical rules of evidence have no application - Doctrine of 'Proof beyond doubt' has no application - Preponderance of probabilities and some material on record are necessary to arrive at the conclusion whether or not the delinquent has committed misconduct...........
Service -- Disciplinary enquiry - Approach is different than that in a criminal proceeding - In disciplinary proceedings the preliminary question is whether the employee is guilty of such conduct as would merit action against him whereas in criminal proceedings the question is whether the offences registered against him are established and if established what sentence..........
Railways -- Late running of Shatabdi train from Chandigarh to Delhi in which respondent-complaiant booked tickets - Could not reach Delhi for boarding connecting Rajdhani Express train from Delhi to Howrah for which he had confirmed tickets - Alleged loss of Rs. 2905/- on account of cancellation of tickets - District Forum recording findings that there was discrepancy in..........
Public or private trust -- Guidelines to determine - (1) Where the origin of the endowment cannot be ascertained, the question whether the user of the temple by members of the public is as of right; (2) The fact that the control and management vests either in a large body of persons or in the members of the public and the founder does not retain any control over the..........
Computer -- Defective Floppy Disk Drive - Floppy Disk driver an external gadget purchased as an accessory and not as integral part of the computer - In the absence of any proof that there is any defect or problem in the use of computer, complainant held not justified in claiming the replacement of the computer - Belated offer of OP Nos.2 and 3 to rectify the defect or..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Adultery - Proof - Standard of proof is higher and a strict measure of proof is required, though it may not be beyond shadow of reasonable doubt as is required in a criminal case but at the same time it is also not on mere preponderance of probabilities - Proceedings for divorce on ground of adultery partakes character of quasi..........
