Rebuttable Presumption

The presumption under Section 139 is a rebuttable presumption; Section 139 is an example of a reverse onus and the test of proportionality should guide the construction and interpretation of reverse onus clauses on the defendant-accused and the defendant-accused cannot be expected to discharge an unduly high standard of proof; the standard of proof for […]

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The Revival of Ray XX

My Lord, Recent Events? Hon’ble Justice Ranjan Gogoi quoted a Judgment authored under the Chief Justiceship of Hon’ble Justice A.N. Ray; Hon’ble Justice K.M. Joseph quoted a Judgment authored by Hon’ble Chief Justice of India, Hon’ble Justice A.N. Ray. _____ An issue has been raised by the Learned Attorney General with regard to the manner […]

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Choice of School

In 2006, the marriage of the Appellant-Wife and the Respondent-Husband was solemnized. In 2009, Master Krishav Gautam was born. In 2012, Respondent-Husband filed for divorce. The Trial Court directed that Master Krishav Gautam should be admitted in Col. Satsangi’s Kiran Memorial Public School, New Delhi. Learned Counsel submitted that the boy is not willing to […]

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Then Mark, Denmark

“Something is rotten in the State of Denmark“, sensed Marcellus, said Shakespeare in Hamlet, and it can similarly be said that something is rotten in the Allahabad High Court, said Hon’ble Judges Markandey Katju and Gyan Sudha Misra in Raja Khan vs. U.P. Sunni Central Waqf Board, (2011) 1 SCC (LS) 359. The rot was, […]

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Four Crore Apartment

“Araya Complex”, Sector 62, Golf Course Extension Road, Gurugram Respondent – Flat Purchaser entered Apartment Buyer’s Agreement with Appellant – Builder. Appellant – Builder, failed.  Respondent – Flat Purchaser  filed NCDRC, Consumer Complaint. “Respondent – Flat Purchaser could not be compelled to take possession at such a belated stage. The inordinate delay in handing over possession […]

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Back Wages II

“Learned Counsel relied upon Ranchhodji Chaturji Thakore, 1996 (11) SCC 603 and Jaipal Singh, 2004 (1) SCC 121 to contend that in case the criminal proceedings are initiated at the behest of the employer, and the employee is acquitted, he would be entitled to claim full wages for the period he was kept out of […]

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