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IMPORTANT POINT
Appointment – Court cannot undo settled position after long lapse of time. ,16 Apr 2024
Supreme Court of India
IMPORTANT POINT
Removal from service – A person appointed after undergoing a regular selection process and possessing relevant qualifications, cannot be abruptly removed from service. ,15 Apr 2024
Supreme Court of India
IMPORTANT POINTS
(1) Curative jurisdiction – Curative jurisdiction should not be used to open floodgates and create a fourth or fifth stage of court intervention in an arbitral award.
(2) Appeal against arbitral award – No second appeal shall lie from an order passed under Section 37, but nothing in the section takes away constitutional right under Article 136. ,10 Apr 2024
Supreme Court of India
IMPORTANT POINTS
(1) Pleadings – A fact which is not specifically pleaded cannot be proved by evidence as evidence cannot travel beyond pleadings.
(2) Power of Attorney holder can only depose about facts within his personal knowledge and not about those facts which are not within his knowledge. ,10 Apr 2024
Supreme Court of India
IMPORTANT POINTS
Murder – Plea of exercise of right of private defence cannot be sustained in isolation. ,10 Apr 2024
Supreme Court of India
IMPORTANT POINT
Appeal against acquittal – Appellate Court cannot overturn order of acquittal only on the ground that another view is possible – Judgment of acquittal must be found to be perverse. ,10 Apr 2024
Supreme Court of India
IMPORTANT POINTS
(1) Burden of proving the fact which excludes liability of Insurer to pay compensation, lies on Insurer alone and no one else.
(2) There is an essential distinction between burden of proof and onus of proof – Burden of proving a claim or defence is on party who asserts it – It is easier to prove an affirmative than a negative. ,10 Apr 2024
Supreme Court of India
IMPORTANT POINT
Murder – Theory of last seen together is very weak in absence of motive. ,10 Apr 2024
Supreme Court of India
IMPORTANT POINT
Flat-Buyers Agreement – Developer is bound to handover possession of flat to homebuyer by scheduled date. ,10 Apr 2024
Supreme Court of India
IMPORTANT POINT
Dishonour of cheques – Non-existence of any enforceable debt or other liability strikes at root of prosecution case. ,09 Apr 2024
Supreme Court of India
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