Every child born of a Frenchman in a foreign country is French. Every child born in a foreign country of a Frenchman who shall have lost the quality of a Frenchman, may at any time recover this quality by complying with the formalities prescribed in the ninth article.
Insurance Act, 1938—Section 39—Whether a nominee of a life insurance policy under Section 39 on the assured dying intestate would become entitled to the beneficial interest in the amount received under the policy to the exclusion of the heirs of the assured.
Whether the nominee specified in the National Savings Certificate, on the death of its holder, becomes entitled to the sum due under the certificate to the exclusion of all other persons?, or whether the amount of the certificate can be retained by him for the benefit of the legal heirs of the deceased?
Interpretation of Statutes—non-obstante clause—Effect of—Two special statutes containing non-obstante clause—Endeavour should be made to give effect to both—In case of conflict later shall prevail.
While construing a statute, ‘sympathy’ has no role to play. Supreme Court cannot interpret the provisions of the said Act ignoring the binding decisions of the Constitution Bench of this Court only by way of sympathy to the concerned workmen.
OPERATING PROCEDURES FOR LITIGANTS IN THE COURT OF CHANCERY Court of Chancery- State of Delaware USA I. PLEADINGS AND SERVICE (1) Special Process Servers: The following uniform procedure applies to all persons serving […]
Court of Chancery-These guidelines reflect some suggested best practices for moving cases forward to completion in the Court of Chancery. They have been developed jointly by the Court and its Rules Committee to provide help to practitioners. The members of the Court and its Rules Committee recognize that a particular situation may call for the parties to proceed in a different manner. Likewise, a member of the Court may prefer in the context of a given case that the parties proceed in a different manner.
Recovery of Debts Due to Banks and Financial Institutions Act, 1993—Section 22(2)(g)—Transfer of suit—Ex parte decree—Notice sent to the old address though new address was available—Advertisement also published in a Hindi daily—Defendants aware of the proceedings before the Civil Court—It was not necessary for the Bank to get summonses published in a newspaper after the matter was transferred in accordance with law to the DRT—Actual service of summons is not required if (i) he had notice of the date of hearing of the suit; and (ii) if he had sufficient time to appear and answer the claim of the plaintiff—Impugned order affirmed.
Civil Procedure Code, 1908—Section 2(2)—Decree—Nullity—Decree obtained by fraud—Duty of litigant to come to the Court with true case and to prove it with true evidence—Withholding of vital documents in order to gain advantage over the other parties—The decree obtained by fraud is a nullity.
The Nirmalas originated, like the Akalis, in the time of Gobind Singh, but there are two stories regarding the manner of their origin. According to the one, a water carrier was seized by Gobind’s soldiers for supplying water to the enemy during a battle, but the Guru recognized the virtue of his act and embracing him exclaimed, Thou art without stain (Nirmala)
In Appellate Courts, the language used in filling in the decretal order, shall conform to the action recognized by the law, and shall direct that the decree of the lower Courts be either “affirmed”, “varied”, “set aside” or “reversed”. In each case in which a decree is affirmed, the terms thereof shall be recited, so as to make the appellate decretal order complete in itself. In varying a decree, the relief granted, in lieu of that originally granted shall, be fully and accurately set out. Where a decree is reversed on appeal, the consequential relief granted to the successful party shall similarly be stated. Every decretal order shall be so worded as to be capable of execution without reference to any other document, and so as to create no difficulty of interpretation.
My duty is a distressing one, but I must not shrink from the performance of it. The sentence of the Court is that you pay a fine of Rs. 1000 to our Sovereign Lady the Queen, and that you be imprisoned in the Common Jail for the period of one calendar month, and that you be further imprisoned until the fine is paid.
Civil Procedure Code, 1908—Order 12, Rule 6—Judgment on admission—Termination of lease—Non-payment of rent—Prayer for judgment on admission under Order 12, Rule 6 of CPC-Where controversy is between parties on an admission of non-payment of rent, judgment can be rendered on admission by Court—Club seeks to approbate and reprobate—Club was very negligent in pursuing its case—Doctrine of election squarely applies as Club has advanced inconsistent pleas—Club not entitled to any discretionary remedy—
JUDGMENT ON ADMISSION-It is true that a judgment can be given on an “admission” contained in the minutes of a meeting. But the admission should be categorical. It should be a conscious and deliberate act of the party making it, showing an intention to be bound by it. Order 12 Rule 6 being an enabling provision, it is neither mandatory nor peremptory but discretionary. The court, on examination of the facts and circumstances, has to exercise its judicial discretion, keeping in mind that a judgment on admission is a judgment without trial which permanently denies any remedy to the Defendant, by way of an appeal on merits.
Evidence Act, 1872—Sections 101 to 104—Burden of proof—Joint Hindu Family—Presumption of—A Hindu family is presumed to be joint unless proved to the contrary—The burden of proving the status of the family is on the person claiming the relief on the basis of such status—It is a question to be determined in each case.
Hindu Undivided Family-It is held that where one of the coparceners separated himself from other members of the joint family there was no presumption that the rest of coparceners continued to constitute a joint family. However, it is also held that at the same time there is no presumption that because one member of the family has separated, the rest of the family is no longer a joint family.
The Republic of Turkey is a democratic, secular and social rule of law, respectful of human rights in a spirit of social peace, national solidarity and justice, attached to the nationalism of Atatürk and based on the fundamental principles expressed in the preamble. Considering that the separation of powers does not imply an order of precedence between the organs of the State but consists in the exclusive exercise by each of them of specific state powers and functions accompanied by a civilized form of cooperation and division labor, and that there is precedence only for the benefit of the Constitution and laws;
Evidence Act, 1872—Sections 67, 68, 45 and 47—Execution of Will—Proof of—The burden of proof is on the person propounding the Will.
If any one shall set fire to a house in which men were sleeping, as many freemen as were in it can make complaint before the “Thing;” and if any one shall have been burned in it, the incendiary shall be sentenced to 2500 denars, which make 63 shillings.
We have not been able to follow the objection which has nothing to do with repugnancy with the Holy Quran and the Sunnah. On the other hand if any witness is asked a leading question which is ambiguous, it becomes the duty of the Judge to direct the party to put a question which may be followed by the witness. The Court is also competent to disallow any question which is otherwise indecent.