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Whether the appellate court should remand a case because the trial court has not properly appreciated the evidence?A conjoint reading of Rules 23, 23A and 24 of Order XLI brings forth the scope as also contours of the powers of remand that when the available evidence is sufficient to dispose of the matter, the proper […]

Power of attorney. Omission on the part of an agent to describe that he is acting as such is not material. Where an agent is given power to execute deeds of transfer in his own name and he executes a deed relating to the property of his principal without describing himself as the latter’s agent

Cancellation of sale deed If the signature of one of the executants of a document is forged, the entire document is vitiated. Chandreshwar Singh and others vs. Ramchandra Singh and others: AIR 1973 Patna 215,

Significant Ruling by Allahabad High Court The Allahabad High Court has directed the removal of a government counsel from the Kanpur Development Authority (KDA) panel due to their absence in a revenue matter. Justice Rohit Ranjan Agarwal criticized the counsel’s absence as unacceptable and stated that if counsel has excessive workload and cannot appear in

परक्राम्य लिखित अधिनियम, 1881—धारा 138—चैक का अनादरण—दोषमुक्ति का आदेश—व्यक्तिगत स्वामी द्वारा शिकायत—प्रवर्तनीयता—जहाँ शिकायत व्यक्तिगत रूप से व्यक्ति के नाम से दायर की गई हो न कि प्रोपराइटर फर्म के नाम से एवं यह संतोषजनक रूप से सिद्ध नहीं किया गया हो कि परिवादी उस प्रोपराइटर फर्म का एकल स्वामी है, ऐसी स्थिति में परिवादी को

Landmark and most appropriately timed ruling by SC .it will prevent the large scale cyber cheating under digital arrest

“Supreme Court Quashes Criminal Proceedings Against Educationists in Protest Case” The Supreme Court quashed criminal proceedings against Manchu Mohan Babu and Manchu Vishnu Vardhan Babu, ruling that their peaceful protest did not violate IPC or Police Act provisions. The Court held the allegations lacked essential ingredients of the offences charged. Court:Supreme Court of India Case:Manchu

Can the defendant plead that will is suspicious due to the exclusion of siblings if siblings have not raised that issue?TESTAMENTARY COURT: 24.A testamentary court is not a court of suspicion but that of conscience. It has to consider the relevant materials instead of adopting an ethical reasoning. A mere exclusion of either brother or

What is difference between transfer deed and transfer of property by will?A Will differs from a deed in the following respects: (i) a deed operates eo instanti, i.e., from the date of its execution; a Will comes into operation on the death of the testator; (ii) a deed is ordinarily irrevocable, unless there is an