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Revisional jurisdiction of the High Court,- Where two courts have returned concurrent findings of fact, has observed that the High Court would normally not interfere in concurrent findings of fact until and unless it is shown that there is gross misreading of evidence or ignoring of material evidence on record which renders the finding of the courts below to be perverse.

Revisional jurisdiction of the High Court,- Where two courts have returned concurrent findings of fact, has observed that the High...

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Hindu Minority and Guardianship Act S. 6 – It immediately provides that the custody of a minor who has not completed the age of 5 years shall ordinarily be with the mother –  A proviso is in the nature of an exception to what has earlier been generally prescribed –  The use of the word “ordinarily” cannot be overemphasised. It ordains a presumption, albeit a rebuttable one, in favour of the mother

Hindu Minority and Guardianship Act, 1956  (32 of 1956) Section 6 - Is of seminal importance - It reiterates Section...

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CPC O. 41 R.  27 – When specific allegations have been made by the plaintiff in respect of document being fraudulent, then the burden shifts upon defendant No.1/propounder of the document to prove the same to be genuine, because it is a settled principle of law that the person, who claims some right on the basis of document, is required to positively prove the same.

CPC O. 41 R.  27 - When specific allegations have been made by the plaintiff in respect of document being...

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Criminal jurisprudence – A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty – Grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception – Bail.

Criminal jurisprudence  “A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed...

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Revisional jurisdiction of the High Court,- Where two courts have returned concurrent findings of fact, has observed that the High Court would normally not interfere in concurrent findings of fact until and unless it is shown that there is gross misreading of evidence or ignoring of material evidence on record which renders the finding of the courts below to be perverse.

Revisional jurisdiction of the High Court,- Where two courts have returned concurrent findings of fact, has observed that the High...

Read more

Hindu Minority and Guardianship Act S. 6 – It immediately provides that the custody of a minor who has not completed the age of 5 years shall ordinarily be with the mother –  A proviso is in the nature of an exception to what has earlier been generally prescribed –  The use of the word “ordinarily” cannot be overemphasised. It ordains a presumption, albeit a rebuttable one, in favour of the mother

Hindu Minority and Guardianship Act, 1956  (32 of 1956) Section 6 - Is of seminal importance - It reiterates Section...

Read more

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