Setting Aside Orders

“It is not open either to parties to a lis or to any third parties, to determine at their own, that an Order passed by a Court is valid or void. A party to the lis or a third party, who considers an Order passed by a Court as void or non est, must approach […]

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Filing False Affidavits

My Lord, Can a High Court impose costs of Rs. 10 Lakhs for the filing of a false or misleading affidavit? Yes. “A global search of cases pertaining to the filing of a false affidavit indicates that the number of such cases that are reported has shown an alarming increase in the last fifteen years as […]

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Unconditional Leave to Defend

My Lord, Defendant can always Defend? “In cases where the Defendant has raised a triable issue or a reasonable defence, the Defendant is entitled to ‘unconditional leave to defend’; leave is granted to defend even in cases where the Defendant upon disclosing a fact, though lacks the defence, makes a positive impression that at the […]

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Masterly Concubinage I

The Yajnavalkya Smriti classifies concubines into two types: (1) Avaruddha and (2) Bhujasya. An Avaruddha Stree operates under an injunction to stay at the master’s home whereas a Bhujasya is not kept in the house but elsewhere. There is some protection for an Avaruddha Stree in modern India. There is a presumption in favor of […]

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