Q. Define fact, relevant fact and fact in issue. Point out the difference between the last two? [MPCJ 2010] Ans. All three expression, fact, relevant fact and fact in issue has been statutorily defined under Sec. 3 of the Evidence…
Q. Enumerate the ways in which the credit of a witness may be impeached by the adverse party. Can a party impeach credit of his own witness ? If so, when ? [MPCJ 2009] Ans. Impeaching the credit of a…
Q. What are the exceptions to the general rule that ’’Hearsay evidence is not admissible”? [MPCJ 2009] Ans. As a general rule section 60 of the Evidence Act mandates that oral evidence in all cases must be of direct in…
Q. Distinguish between admission and confession. Under what circumstances and to what extent, can the confession by an accused be used in evidence against a co-accused? [MPCJ 2009] Ans. Both the admission and confession are substantive evidence and closely related…
The Bombay Prevention of Gambling Act, 1887 Bombay Act No. 4 of 1887 [5th January, 1888] Preamble Whereas it is expedient to consolidate and amend the law for the prevention of gambling in the [State] of Bombay; It is enacted as follows:-…
Anti Suit Injunction– (mainly in child custody cases) When a court restrains a party to a suit/ proceeding before it from instituting or prosecuting a case in another court including a foreign court, it is called anti-suit injunction. In exercising…
Temporary Mandatory Injunction, A court can grant temporary mandatory injunction (Indian Cable Co. Ltd. V. Sumitra Chakroborty 1985 Cal). When granted, it is to restore the status quo, and not to establish new state of things. (Ramchandra Tanwar v. Ram…
John Doe orders– John Doe order is an injunction sought against a person or persons whose identity is not known at the time of the issuance of the order. John Doe order has its origin in England when orders were…
Mareva Injunction: Injunction Restraining Disposal of Assets- ‘Mareva’ injunction is an injunction granted where it appears likely that the plaintiff would recover judgment against the defendant fort a certain or approximate sum and there is reason to believe that the…
Anton Piller Order Anto Piller injunction originated in the Court of Appeal in England in Anton Piller KG v Manufacturing Processes Ltd. (Anton Piller K.G. v. Mfg Processes Ltd. {1976} All ER) and are ex parte orders which permit the…