Book Authorities in Zoroastrian Religion
21 Nasks It appears from the study of the literature now available to us that in the most ancient times when Zoroastrian religion came into existence, there were 21 Nasks…
Rule of Exclusion of Documents as Evidence on the Ground of Public Policy
The English decisions in Duncan v. Cammell Laird & Co; Conway v. Rimmer & Anr.; and Rogers v. Home Secretary surveyed the earlier law on the rule of exclusion of…
Standard of Proof of Corrupt Practice in Election Petitions
As regards the principles enunciated by Supreme Court regarding the nature and the standard of proof of corrupt practice alleged by an election petitioner against the successful candidate, the ratio…
Principles of Redemption of a Mortgage and Clog on Equity of Redemption
Mortgager should not be preventing from getting redemption of his Property In Pomal Kanji Govindji and Ors. v. Vrajalal Karsandas Purohit and Ors. etc , the Court examined the principles…
Usufructuary Mortgage- General Principles
In Ram Kishan v. Shio Ram (2007), the court said that, “the provisions of the Act in respect of usufructuary mortgage are required to be interpreted keeping in view the…
Admissibility and Evidentiary Value of Judicial Confession
In Balwinder Singh v. State of Punjab , Supreme Court stated the principle that an extra-judicial confession, by its very nature is rather a weak type of evidence and requires…
The Meaning of ‘Status Quo’ in Property-related Orders
The parties are (or a party is) normally directed to maintain status quo in regard to a property, so that the position does not get altered or become irreversible pending…
Identification Parade- Value as an evidence
Identification Tests do not constitute substantive evidence As was observed by Supreme Court in Matru v. State of U.P. (1971 (2) SCC 75) identification tests do not constitute substantive evidence.…
Presumption of Notice- Section 106 of Transfer of Property Act
Presumption of notice has been interpreted by the Full Bench of Allahabad High Court in Ganga Ram v. Phulwati (FB) A.I.R. 1970 Allahabad 446, where following questions were referred:- (1)…
Termination of Tenancy on Natural Calamity- Determination
Definition of Lease Chapter V, of the Transfer of Property Act, 1882 (for short T.P. Act) deals with leases of immovable property. Section 105 defines lease as “Section 105 —…