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The Delhi High Court in a recent judgment has clarified that question regarding claim of ownership in a property cannot form subject matter of consideration or adjudication in proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Therefore, forums or authorities under the Senior Citizens Act, 2007 cannot adjudicate and undertake…
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In a case based on circumstantial evidence, the settled law is that the circumstances from which the conclusion of guilt is drawn should be fully proved and such circumstances must be conclusive in nature. Moreover, all the circumstances should be complete and there should be no gap left in the chain of evidence. Further the…
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Sir Alfred Wills in his admirable book “Wills’ Circumstantial Evidence” (Chapter VI) lays down the following rules specially to be observed in the case of circumstantial evidence: (1) the facts alleged as the basis of any legal inference must be clearly proved and beyond reasonable doubt connected with the factum probandum; (2) the burden of…
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Before analysing the factual aspects it may be stated that for a crime to be proved it is not necessary that the crime must be seen to have been committed and must, in all circumstances be proved by direct ocular evidence by examining before the court those persons who had seen its commission. The offence…
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“12. It is trite law that so as to enable the court to refuse to exercise its discretionary jurisdiction suppression must be of material fact. What would be a material fact, suppression whereof would disentitle the appellant to obtain a discretionary relief, would depend upon the facts and circumstances of each case. Material fact would…
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1. What is Nullity? : Definition Nullity is the condition of being legally void or invalid. It refers to something that is treated as though it never existed because it lacks legal force or effect. In legal terms, an act, document, or order that is a nullity is considered to have no legal validity due…
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5. The High Court, in our view, fell into patent error. The short question before the High Court was whether in the facts and circumstances of this case, Jagannath obtained the preliminary decree by playing fraud on the court. The High Court, however, went haywire and made observations which are wholly perverse. We do not…
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