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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 […]

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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 […]

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TOPA

a) Explain Doctrine of Contribution? If several properties belonging to several persons are mortgaged to secure a debt due to taking of a loan, the law says that each property should contribute towards the debt in proportion to its value. This is called the doctrine of contribution. b) State the rule related to consideration in a […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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Sale of Goods Act

Contract of Sale and Other Forms of Contracts

In this article, let us compare contract of sale with other forms of contracts like bailment, Hire purchase agreement, contract of work and labour, etc. Sale and Bailment: A ‘bailment’ is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be […]

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Sale of Goods Act

Essentials of Contract of Sale

A contract of sales of goods is a contract whereby the sellers transfers or agrees to transfer the property in goods to the buyer for a price. Under Section 4(1) of the Sale of Goods Act, 1930 a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the […]