EVIDENCE ACT – Delhi High Court Judgements

DB – Defamation — Nowhere in the pleadings or in the evidence did the appellant or its witnesses state that the amounts were not due — Respondent’s assertion of there being outstanding amounts which had not been paid by the appellant Company cannot be termed to be false or per se defamatory.

admin_lawsdelhi Jun 27, 2023 0 Comments

DELHI HIGH COURT Before: Suresh Kumar Kait & Neena Bansal Krishna, JJ. RFA(OS) 3 of 2019 & CM APPL. 1031 of 2019 Reserved on: 10.04.2023 Decided on: 30.05.2023 India Skills…

EVIDENCE ACT

Section 40 Evidence Act Held One should bear in mind the distinction between exercise of jurisdiction [which in a given case could be erroneous in law or in fact] and existence of jurisdiction. Therefore it cannot be said, that a decision which is erroneous in law or for that matter has overlooked some procedural rule could be rendered nugatory on the ground that the Court lacked jurisdiction or was incompetent to deliver such a decision.

admin_lawsdelhi Jul 16, 2020 0 Comments

One should bear in mind the distinction between exercise of jurisdiction and existence of jurisdiction. Therefore it cannot be said, that a decision which is erroneous in law or for…

INTELLECTUAL PROPERTY

Evidence By Way Of Affidavit Not Mandatory When Documentary Evidence Sufficient For Determining Well-Known Status Of Trademark

DIRECT TAXATION MUNICIPAL LAWS

DB – services rendered by advocates are professional activities, and, therefore, they cannot be levied with taxes under the “commercial establishment” category

ACCIDENT COMPENSATION RAILWAYS

Inquest proceedings were conducted around 8:55 am on 05.01.2017, which mentions the recovery of a journey ticket dated 04.01.2017 — Mere delay in noticing and reporting the incident by a third party ought to have been appreciated in light of the fact that the incident statedly took place in the month of January – Matter remanded to tribunal for grant of compensation

C P C EVIDENCE ACT

DB – Defamation — Nowhere in the pleadings or in the evidence did the appellant or its witnesses state that the amounts were not due — Respondent’s assertion of there being outstanding amounts which had not been paid by the appellant Company cannot be termed to be false or per se defamatory.

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Evidence By Way Of Affidavit Not Mandatory When Documentary Evidence Sufficient For Determining Well-Known Status Of Trademark

DB – services rendered by advocates are professional activities, and, therefore, they cannot be levied with taxes under the “commercial establishment” category