Various Acts
non obstante clause – When the section containing the said clause does not refer to any particular provisions which it intends to override but refers to the provisions of the statute generally, it is not permissible to hold that it excludes the whole Act and stands all alone by itself
The non obstante clause is no doubt a very potent clause intended to exclude every consideration arising from other provisions...
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non-obstante clause – Court must ascertain the intention of the legislature by directing its attention not merely to the clauses to be construed but to the entire statute
"68... the Court must ascertain the intention of the legislature by directing its attention not merely to the clauses to...
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non-obstante clause
A non-obstante clause is generally appended to a section with a view to give the enacting part of the section,...
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Public Document – Compromise had become a part of the decree which was passed by the court became a public document in terms of Section 74 of the Indian Evidence Act, 1872
Evidence Act S. 74, S. 76, S. 77 Compromise had become a part of the decree which was passed by...
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Registered copy of the Will of 1898 was admitted in evidence, No objection, however, appears to have been taken in the first court
"The defendants have now appealed to His Majesty-in-Council, and the case has been argued on their behalf in great detail....
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In the case of pension the cause of action actually continues from month to month – Continuing wrong
"The High Court does not ordinarily permit a belated resort to the extraordinary remedy because it is likely to cause...
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Continuing wrong – Recurring wrong – Service matter – Pay fixation
Appellant approached the High Court in 1989 with a grievance in regard to his initial pay fixation with effect from...
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Continuing wrong
Continuing wrong (in the context of section 23 of Limitation Act, 1908 corresponding to section 22 of Limitation Act, 1963) : "It is the...
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Presumption of a valid marriage is a rebuttable one, it is for the other party to establish the same.
Presumption of a valid marriage is a rebuttable one, it is for the other party to establish the same. Evidence...
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Covid19 – Adjournment of cases under general orders issued by the Chief Justice – Status Quo
Practice and procedure - Covid-19 - Adjournment of cases under general orders issued by the Chief Justice - When a...
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Cross Examination – Right of cross-examination must inevitably form part of fair play in action
32: … If the credibility of a person who has testified or given some information is in doubt, or if the version...
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Cross Examination – If a party abstains from entering the witness-box, it would give rise to an adverse inference against him
17: Where a party to the suit does not appear in the witness-box and states his own case on oath and...
Read moreCross Examination – Natural Justice
13: No explanation has been offered as to why the witnesses concerned could not be examined. … The principles analogous to...
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Cross Examination – Natural Justice
25: … It is only when a deposition goes through the fire of cross-examination that a court or statutory authority may...
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