Practice and Procedure
Stay – In all pending matters before the High Courts or other courts relating to PC Act or all other civil or criminal cases, where stay of proceedings in a pending trial is operating, stay will automatically lapse after six months from today
Stay - In all pending matters before the High Courts or other courts relating to PC Act or all other...
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Rule of Law
“With us every official, from the Prime Minister down to a constable or a collector of taxes, is under the...
Read moreInterpretation of Statutes – Mandatory or directory
Interpretation of Statutes - In determining the question whether provision is mandatory or directory, language alone is not always decisive...
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“Best-evidence rule”
“Best-evidence rule” - Written contracts – Oral Evidence - It is in reality declaring a doctrine of the substantive law,...
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Pedigree – Norms and the principles governing the proof of a pedigree by oral evidence
Pedigree - Norms and the principles governing the proof of a pedigree by oral evidence - In order to appreciate...
Read moreEscheat – Claim of – Public Notice
Escheat – Claim of - It is well settled that when a claim of escheat is put forward by the...
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Judgments not inter partes are inadmissible in evidence
Judgments not inter partes are inadmissible in evidence barring exceptional cases - Under the Evidence Act a judgment which is...
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Judgment in rem
Judgment in rem - Like judgments passed in Probate, insolvency, matrimonial or guardianship or other similar proceedings, is admissible in...
Read moreEvidence – Judgment – Admissibility of
Evidence Act, S. 40, S. 41 S. 42, S. 43, S. 13 - Judgments of courts are admissible in evidence...
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Evidence – Judgment – Admissibility of
Evidence Act, S. 32, Evidence Act, S. 32(5), Judgment – Admissibility of - (1) A judgment in rem e.g judgments...
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No judgment which was not inter partes or the one to which neither the plaintiff nor the defendant were parties could be used in evidence for any purpose
Full Bench of the Madras High Court in Tripurana Seethapathi Rao Dora v. Rokkam Venkanna Dora AIR 1922 Mad 71 where Kumaraswami Sastri,...
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Judgment not inter partes – No judgment which was not inter partes or the one to which neither the plaintiff nor the defendant were parties could be used in evidence for any purpose
This principle was reiterated in the case of Coca-Cola Company of Canada Ltd. v. Pepsi-Cola Company of Canada Ltd. AIR 1942...
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Judgment not inter partes
In John Cokrane v. Hurrosoondurri Debia 1854-57 6 MIA 494 Lord Justice Bruce while dealing with the question of admissibility of a judgment...
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Dictionaries can always be referred to in order to ascertain not only the meaning of a word but also the general use of it.
Coca-Cola Company of Canada Ltd. v. Pepsi-Cola Company of Canada Ltd. AIR 1942 PC 40 it was clearly held that Dictionaries...
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‘general provision should yield to special provision’
The well known principle of 'generalia specialibus general nonderogant' which is to be invoked in case of conflict between a...
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