⚖️ Shri Ganpati Jurists | Legal Insight Series ⚖️ Can a Defendant Change Their Entire Stand After Trial Begins? First claiming to be a co-sharer, then later pleading tenancy under the plaintiff through an additional written statement… ❓ Permissible under CPC? 🚫 Can contradictory pleadings be introduced after commencement of trial? NO 🚫 Can Order 8 Rule 9 CPC be used to bypass the restriction under Order 6 Rule 17 CPC? NO 📌 Supreme Court Held: Changing an earlier stand and introducing a contradictory defence through an additional written statement after trial commencement is impermissible, amounts to abuse of process, and violates: ✔️ Order 6 Rule 7 CPC ✔️ Proviso to Order 6 Rule 17 CPC ✔️ Order 8 Rule 9 CPC principles ⚠️ Additional pleadings are not a tool to rewrite the defence midway through litigation. Mondira Ghosh v. Chaitali Ghosh (SC) #SupremeCourt #CPC #CivilProcedure #LegalUpdate #Litigation #Advocates #IndianLaw

by VINEET MITTAL Shri Ganpati Jurists / Bathinda Lawyers/ Bathinda Advocates -

⚖️  Shri Ganpati Jurists | Legal Insight Series ⚖️  Can a Defendant Change Their Entire Stand …

⚖️ Shri Ganpati Jurists | Legal Insight Series ⚖️ Important Supreme Court Ruling | Civil Procedure & Burden of Proof 📌 Mallika v. R. Nallathambi (SC) ✅ Order XLI Rule 31 CPC First Appellate Courts must frame points for determination and give reasons for findings. However, substantial compliance is sufficient — judgments cannot be overturned merely on technical defects if legal requirements are substantially fulfilled. ✅ General Power of Attorney (GPA) & Fraud Allegations Mere allegations of misuse of GPA are not enough. The party alleging fraud or abuse of fiduciary position carries the initial burden of proof and must produce foundational evidence. Unsupported claims are liable to fail. 🔍 Key Takeaway: Courts prioritize substance over technicalities, and allegations of fraud require credible evidence, not assumptions. #SupremeCourt #CPC #Order41Rule31 #GeneralPowerOfAttorney #CivilLaw #LegalAwareness #IndianLaw #Advocacy #Litigation #JudgmentUpdate

by VINEET MITTAL Shri Ganpati Jurists / Bathinda Lawyers/ Bathinda Advocates -

⚖️  Shri Ganpati Jurists | Legal Insight Series ⚖️ Important Supreme Court Ruling | Civil Proc…

⚖️ Shri Ganpati Jurists | Legal Insight Series ⚖️ WHEN IS A WILL LEGALLY VALID? Important principles for proving execution of a Will 📌 Mere production of a Will is NOT enough. The law requires strict proof of its execution. ✅ Key Legal Requirements: ✍️ 1. Signature of Testator The Will must be signed/marked by the testator showing intention to give effect to it. 👥 2. Attestation by Witnesses At least two witnesses must attest the Will. 📜 3. Witnesses Must Confirm Execution They should have seen the testator sign or received acknowledgment from him/her. 🏛️ 4. Examination of Witness Generally, at least one attesting witness must be examined before the Court. ⚠️ 5. Suspicious Circumstances = Higher Burden If doubts exist regarding: • Mental condition of testator • Undue influence or coercion • Fraud or fabrication • Unnatural dispositions ➡️ The person relying on the Will must remove all suspicions with convincing evidence. 🧠 6. Test of Judicial Conscience The Court examines whether the testator: ✔️ Was of sound mind ✔️ Understood the contents of the Will ✔️ Acted voluntarily and freely 📍 Principle: A Will succeeds not merely by existence, but by lawful execution and trustworthy proof. ⚖️ Proper execution + credible evidence = Valid Will #Will #SuccessionLaw #LegalAwareness #InheritanceLaw #CivilLaw #EvidenceAct #Advocate #LawUpdate

by VINEET MITTAL Shri Ganpati Jurists / Bathinda Lawyers/ Bathinda Advocates -

⚖️  Shri Ganpati Jurists | Legal Insight Series ⚖️  WHEN IS A WILL LEGALLY VALID? Important pr…

⚖️ Shri Ganpati Jurists | Legal Insight Series ⚖️ Did You Know? Can a person legally sell property despite a Court’s stay/injunction order? The answer may be NO. In Jitendra Gupta v. Shri Sunil Sharma (MP High Court, Gwalior), the Court observed that a sale deed executed in violation of a temporary injunction order can be treated as null and void, with consequences including: ✅ Cancellation of sale deed
✅ Return of consideration amount
✅ Penalty for disobedience of Court orders
✅ Contempt proceedings for false statements/affidavits The Court also suggested measures to prevent registration of documents where interim orders are in force. ❓Question:
 If property is transferred during pending litigation despite a Court’s restraint order, should such transfer be protected or cancelled? Share your view below. 👇 #LegalAwareness #CivilLaw #PropertyLaw #Injunction #CourtOrders #Advocacy #LawUpdate#ShriGanpatiJurists#ChandigarhLawyers #ChandigarhAdvocates #ChandigarhLegal #BathindaLawyers #BathindaAdvocates

by VINEET MITTAL Shri Ganpati Jurists / Bathinda Lawyers/ Bathinda Advocates -

⚖️  Shri Ganpati Jurists | Legal Insight Series ⚖️  Did You Know? Can a person legally sell pr…

⚖️ Shri Ganpati Jurists | Legal Insight Series ⚖️ Supreme Court Clarifies: False Promise of Marriage ≠ Every Broken Promise In Shaileshbhai Govindbhai Makwana v. State of Maharashtra, the Supreme Court drew an important distinction between a false promise to marry and a mere breach of promise. 🔹 If from the very beginning there was no intention to marry, and the promise was used only to obtain consent for a physical relationship → it may amount to an offence. 🔹 However, if the promise was made genuinely and later could not be fulfilled due to unforeseen circumstances → every breach of promise cannot automatically become a criminal offence. 🔹 The Court further held that a prolonged consensual relationship, where both parties were aware of each other's marital status, cannot be presumed to be based solely on a false promise of marriage. 📌 Key Principle: For criminal liability, the promise of marriage must have a direct nexus with the consent for the physical relationship and not be influenced by other factors. 💬 “It would be a folly to treat each breach of promise to marry as a false promise and prosecute under Section 376 IPC.” — Supreme Court #SupremeCourt #IndianLaw #CriminalLaw #Section376 #LegalUpdate #Lawyers #Judiciary #LegalAwareness #ShriGanpatiJurists#ChandigarhLawyers #ChandigarhAdvocates #ChandigarhLegal #BathindaLawyers #BathindaAdvocates

by VINEET MITTAL Shri Ganpati Jurists / Bathinda Lawyers/ Bathinda Advocates -

⚖️  Shri Ganpati Jurists | Legal Insight Series ⚖️ Supreme Court Clarifies: False Promise of M…

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by VINEET MITTAL Shri Ganpati Jurists / Bathinda Lawyers/ Bathinda Advocates -

⚖️  Shri Ganpati Jurists | Legal Insight Series ⚖️ Important ruling by the Supreme Court in   …

Bathinda Lawyers

by VINEET MITTAL Shri Ganpati Jurists / Bathinda Lawyers/ Bathinda Advocates -

⚖️ Supreme Court Clarifies Law on Specific Performance Decrees In Habban Shah v. Sheruddin, th…

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