Categories
Indian Evidence Act

Doctrine of Estoppel (Ss. 115 to 117 IEA)

Estoppel is based on the principle that it would be most inequitable and unjust that if one person , by a representation made, or by conduct amounting to a representation, had induced another to act as he would not otherwise have done, the person who made the representation should not be allowed to deny or […]

Categories
Sale of Goods Act

Transfer of Title

Sections 27 to 30 deal with transfer of title by person not the owner. The general rule is that only the owner of goods can sell the goods. Conversely, the sale of an article by a person who is not or who has not the authority of the owner, gives no title to the buyer. […]

Categories
Sale of Goods Act

Transfer of Property as Between Seller and Buyer

Transfer or passing of property implies transfer of ownership and not the physical possession of goods. For example, where a principal sends goods to his agent, he merely transfers the physical possession and not the ownership of goods. Here, the principal is the owner of the goods but is not having possession of goods and […]

Categories
Indian Evidence Act

Ambiguity in Documents (Ss. 93 to 100)

The rule about admission or exclusion of extrinsic evidence has been laid down under section 93 to 98 of the Indian Evidence Act. Such exclusion or admission of extrinsic evidence is in connection with the ambiguity of documents i.e. the facts contained in a document which either a contract or not. Ambiguity in Documents and its […]

Categories
Indian Evidence Act

Burden of Proof and Onus of Proof (Ss. 101 and 102 IEA)

When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. For Example: A alleges that B has murdered C, then the burden of proof lies on A to prove his allegations. Generally, in civil cases, the burden of proof lies on […]

Categories
Industrial Disputes Act

Labour Laws: Situational Problems

Situational Problem 01: Workers resorted to strike in public utility services industry in which some of them resorted to violent demonstrations, acted in defiance of law and order and there were others who were merely silent spectators. The strike was declared illegal. Solution: Situational Problem 02: The workman of Annasaheb Patil Sugar Factory was employed […]

Categories
Legal Concepts

Aruna Shanbaug v. Union of India

While health and medicine usually look at improving and extending life, increasingly medical professionals and society are being forced to ask how far those efforts should go. Perhaps the most pressing ethical medical dilemma concerns whether an individual has the right to die. Euthanasia, or mercy killing, means the deliberate killing of a patient who is […]

Categories
Legal Concepts

Joseph Shine v Union of India

Benjamin Carson said that “Marriage is a very sacred institution and should not be degraded by allowing every other type of relationship to be made equivalent to it”.  With respect to adultery, we can say that “Father proposes and the son disposes”. In 1985 the then Chief Justice of India YV Chandrachud upheld the validity […]

Categories
Indian Evidence Act

Secondary Evidence (Section 63 IEA)

In this article we shall discuss secondary evidence. Documentary evidence means and includes all documents including electronic records produced for the inspection of the Court. Document means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or […]

Categories
Indian Evidence Act

Primary Evidence (Sections 61 and 62 IEA)

Documentary evidence means and includes all documents including electronic records produced for the inspection of the Court. Document means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used for the purpose of […]