Generic Black-Letter Law
In common law legal systems, black letter laws are the well-established legal rules that are no longer subject to reasonable dispute. Some examples are the black-letter law of contracts or the black-letter law of trademarks. Black-letter law can be contrasted with legal theory or unsettled legal issues.
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Following are some of the laws extracted from the entire* Indian Income-Tax universe. However, the ones listed here are not related to any section, article or income tax in itself. These are some of the laws that state every+ individual's rights. These rights are sometimes stated directly: "The golden principle of law is that no person should be condemned unheard.", whereas they need interpretation in other cases: "The quantum of penalty to which a person can be subjected in connection with the commission of an offence is to be determined with reference to the law governing the matter as it stood on the date of commission of the concerned offence."
| Law | Forum | Bench | Date |
|---|---|---|---|
| The doctrine of "unjust enrichment" is that no person can be allowed to enrich inequitably at the expense of another. | SC | SUPREME COURT OF INDIA | 2017-03-21 |
| If it was to be understood as an absolute rule of law that the use of the term "means" unexceptionally would always require an exhaustive interpretation of what is stated in or can be construed to that provision, then a person who was climbing on the train which was carrying passengers and who meets with an accident, would not be covered. | SC | SUPREME COURT OF INDIA | 2011-10-20 |
| While holding that, as a proposition of law, the distinction between an administrative order and a quasi-judicial order is a very fine one, it had been observed that the same would not mean that the principles of natural justice would be mandatorily required to be complied with only because the consequence of an order passed thereunder would be adverse to the interest of the party or it prejudicially affects the person. | SC | SUPREME COURT OF INDIA | 2006-11-01 |
| It is settled law that sentence or punishment must follow conviction; and if only corporal punishment is prescribed, a company which is a juristic person cannot be prosecuted as it cannot be punished. | SC | SUPREME COURT OF INDIA | 2005-05-05 |
| It was further held that it is indeed pride of constitutional democracy and rule of law that the Government stands on the same footing as a private individual so far as the obligation of the law is concerned. | SC | SUPREME COURT OF INDIA | 2001-12-03 |
| But apart from such exceptions, the law is well settled that whatever a person can do himself, he can do through an agent. | SC | SUPREME COURT OF INDIA | 1956-05-09 |
| It is also well settled that this principle does not mean that every law must have universal application for all persons who are not by nature, attainment or circumstance, in the same position. | SC | SUPREME COURT OF INDIA | 1954-05-28 |
| It is well settled rule of law that burden of proof is on the alleger and not on the person against whom the allegation is made. | ITAT | AHMEDABAD | 2018-12-13 |
| It is settled law that the admission is an extremely important piece of evidence, it cannot be said to be conclusive and it is open to the person who has made the admission to show that it is incorrect. | ITAT | DELHI | 2018-10-12 |
| It is equally well settled law that an admission made by the concerned persons is an extremely important piece of evidence. | ITAT | MUMBAI | 2018-09-25 |
| An "association of persons" can be formed only when two or more individuals voluntarily combine together for a certain purpose. | ITAT | DELHI | 2018-09-19 |
| It is an established law that no person should be condemned unheard. | ITAT | PUNE | 2018-07-24 |
| If a Judge or a quasi-judicial authority is not candid enough about his/her decision making process then it is impossible to know whether the person deciding is faithful to the doctrine of precedent or to principles of incrementalism. | ITAT | DELHI | 2018-06-27 |
| It is well settled law that the order passed in the name of dead💀 person is a nullity. | ITAT | DELHI | 2018-06-19 |
| It may be pointed out here that it is an established proposition of law that apparent has to be held as real unless proved otherwise and onus squarely lies upon the person who claims otherwise and to bring the evidence on record to prove so. | ITAT | MUMBAI | 2018-04-16 |
| It is a settled law that any evidence available in whatsoever manner is a valid material so long as it relevant information relating to the person against whom it is utilized. | ITAT | DELHI | 2018-02-15 |
| It is equally well settled law that an admission made by the concerned persons is an extremely important piece of evidence. | ITAT | MUMBAI | 2018-02-08 |
| It is an elementary principle of law that no person can put forward his own default in defense to a right asserted by the other party. | ITAT | NAGPUR | 2018-02-03 |
| He submitted that it is well settled that the burden of proof lies on the person who alleges benami and that this burden of proof has not been discharged by the Assessing Officer. | ITAT | KOLKATA | 2018-01-31 |
| It is a settled position of law that onus of proof that the apparent is not real lies upon the person who claims it to be so. | ITAT | INDORE | 2018-01-19 |
| It was further held that given that the physical possession over the disputed property is with the appellant, it is a settled principle that where a person claims ownership over the immoveable property even where he is illegally occupying the said property, it is only by following a legal process that he can be removed and asked to vacate the property. | ITAT | JAIPUR | 2018-01-15 |
| It is a settled law that the partnership firm and the company are separate juridical persons. | ITAT | MUMBAI | 2017-12-20 |
| It is well settled law that the onus to prove benami is on the person who alleges. | ITAT | JAIPUR | 2017-11-10 |
| It is not necessary that the premises in possession of the person named in the warrant of authorization alone can be searched but the correct proposition of law is that in connection with the person named in the warrant any place can be searched whether in possession of that person or not. | ITAT | MUMBAI | 2017-09-27 |
| It is well settled that the person making the allegation has to prove with material evidences that the allegation leveled against any other person is true and correct. | ITAT | KOLKATA | 2017-07-24 |
| The warrant of authorization is always , issued to search a particular place in connection with the persons named in the warrant It is not necessary that the premises in possession of the person named in the warrant of authorisation alone can be searched but the correct position of law is that in connection with the person named in the warrant any place can be searched whether in possession of that person or not. | ITAT | MUMBAI | 2017-05-11 |
| It was further submitted that it is a settled law that the burden to prove that what is apparent is not real is on the person who alleges so. | ITAT | JAIPUR | 2017-05-09 |
| Since it is settled law that if postal authorities deliver a letter meant for a person at his last known address and another person available at that address receives it on behalf of the addressee, it should be construed a valid service, I hold that principle of natural justice is satisfied in this case. | ITAT | CUTTACK | 2017-01-18 |
| It is a well settled law that the mutation entries in the revenue record does not confer title of the land in the name of person in whose favour the entries are recorded. | ITAT | PUNE | 2016-12-23 |
| However, in the backdrop of the aforesaid settled position of law, we cannot also remain oblivious of the settled principle of law, that the "Onus" to establish that what is apparent is not true, lies on the persons who so alleges. | ITAT | MUMBAI | 2016-12-07 |
| It is settled law that no proceeding can be initiated against the dead💀 person. | ITAT | MUMBAI | 2016-10-31 |
| This is well settled that mere acquiescence in the exercise of powers by a person who does not have jurisdiction to exercise that power cannot work as an estoppel against him. | ITAT | MUMBAI | 2016-10-31 |
| It is well settled law that if the commodity purchased is generally the subject Inaner of trade, and if it is purchased in very large quantities, it would tend to eliminate the possibility of investment of personal use, possession or enjoyment. | ITAT | AHMEDABAD | 2016-10-27 |
| It is well settled that the nomenclature used in any provision of law to describe any payment, to be made by any person, as interest, compensation, penalty , etc is not conclusive. | ITAT | KOLKATA | 2016-09-23 |
| It was settled law that though an admission was an extremely important piece of evidence, it could not be said to be conclusive and it was open to the person who had made the admission to show that it was incorrect. | ITAT | DELHI | 2016-09-19 |
| It is an established rule of law that no element of personal expenditure out of such expenditure which is debited to the account of private limited company can be attributed as personal expenditure of directors or their family members. | ITAT | PUNE | 2016-09-09 |
| It is a settled position in law that in case of corporate entities, no disallowance can be made for personal use as corporate entities are distinct from directors and any payments/expenditure incurred for Directors are governed by their terms of appointment. | ITAT | JAIPUR | 2016-08-19 |
| This is by now, a settled position of law that in respect of acceptability of gift, human probability is very important and in the absence of any relationship and occasion of gift, the human probability of receiving such huge amount of gift is generally very bleak. | ITAT | BANGALORE | 2016-08-12 |
| It is settled law that admission by a person is good piece of evidence though not conclusive and the same can be used against a person who makes it. | ITAT | CHANDIGARH | 2016-08-11 |
| It is well settled law that without confronting the statement of witness or allowing cross examination, no adverse inference can be made against a person, against which statement of a third party is used. | ITAT | MUMBAI | 2016-07-29 |
| It is settled law that whenever a document is found from a person who is being searched, the normal presumption is that the said document belongs to that person. | ITAT | DELHI | 2016-07-13 |
| It is the settled position of law that the remuneration etc. can be paid by the firm only to the individuals and not to the representative of the partner. | ITAT | AHMEDABAD | 2016-06-29 |
| The law is well settled that any evidence (here seized record) and while using against a person, has to be read in its entirety. | ITAT | JAIPUR | 2016-06-22 |
| It is a settled proposition of law that a person cannot be forced to do impossibility. | ITAT | MUMBAI | 2016-05-20 |
| It is also well settled principle of law that apparent is the real until the contrary is established and the burden lies on the person who alleges that the apparent is not the real. | ITAT | DELHI | 2016-04-29 |
| It was settled law that though an admission was an extremely important piece of evidence, it could not be said to be conclusive and it was open to the person who had made the admission to show that it was incorrect. | ITAT | MUMBAI | 2016-04-27 |
| It is well settled law that without confronting the statement of witness or allowing cross examination, no adverse inference can be made against a person, against which statement of a third party is used. | ITAT | MUMBAI | 2016-04-20 |
| It is settled law that through admission is an extremely important place of evidence, it cannot be said to be conclusive and it is open to the person who has made the admission to show that it is incorrect. | ITAT | AMRITSAR | 2016-01-07 |
| It is now well settled that the word "individual" does not necessarily and invariably always refer to a single natural person. | ITAT | CHANDIGARH | 2015-12-14 |
| It is well settled principle that the natural justice calls for confrontation of the materials, which are going to be used against a person. | ITAT | MUMBAI | 2015-12-14 |
| It is well settled principle of law that an order passed against the dead💀 person is nullity in law and it cannot stand. | ITAT | CHENNAI | 2015-09-11 |
| It is settled proposition of law that there is no presumption that every person knows law. | ITAT | NAGPUR | 2015-08-28 |
| The golden principle of law is that no person should be condemned unheard. | ITAT | AHMEDABAD | 2015-06-19 |
| Now the law is well settled that the expression "personal effects" includes silver/gold utensils meant for personal use though not for daily use. | ITAT | DELHI | 2015-05-29 |
| It is an established law that the person who claims has to prove the same. | ITAT | CUTTACK | 2015-05-26 |
| The law is also well settled that whatever an inference is drawn while deciding rights or liabilities of any person, it should be based on some evidence and not merely on presumptions and doubts. | ITAT | PUNE | 2015-02-20 |
| It is also well established law that the notings on papers found can be correctly explained by its author and not by any other person and particularly by the person with whom the papers were not found. | ITAT | PUNE | 2014-11-28 |
| It is well settled that the only person competent to give evidence on the truthfulness of the contents of the document is the writer thereof. | ITAT | INDORE | 2014-11-17 |
| It is well settled law that an admission prejudicial to the interests of person making the deposition is more reliable than an admission made by same person in his own interest. | ITAT | INDORE | 2014-10-31 |
| This is the settled law that apparent is real, onus is on the person, who alleges apparent is not real. | ITAT | INDORE | 2014-10-13 |
| It is a settled law that the partnership firm and the company are separate juridical persons. | ITAT | DELHI | 2014-08-22 |
| It is settled principle of law that unless the contents of the affidavits filed by the person are specifically rebutted by the assessing officer by examining or calling upon the person filing the affidavit, the contents of the affidavit shall deemed to have been accepted by the assessing officer. | ITAT | JODHPUR | 2014-07-31 |
| It is an established principle of law that the onus is upon the person who makes a claim. | ITAT | HYDERABAD | 2014-04-09 |
| It is well settled that the only person competent to give evidence on the truthfulness of the contents of the documents is the writer thereof. | ITAT | JAIPUR | 2014-03-05 |
| It is a settled law that admission / statement is a good piece of evidence and the same can be used against the person who makes it. | ITAT | PUNE | 2014-03-04 |
| It is settled law that admission by a person is a good piece of evidence through not conclusive and the same can be used against a person who makes it. | ITAT | PUNE | 2014-03-04 |
| The person who makes claim has to prove it is the settled law. | ITAT | AMRITSAR | 2014-02-24 |
| It is a settled law that a person who claims has to prove it. | ITAT | AMRITSAR | 2013-12-20 |
| We find that it is well settled that no penalty can be legally imposed on dead💀 person, and the order imposing penalty on a deceased person shall be null and void. | ITAT | AHMEDABAD | 2013-10-04 |
| It is well settled principles of law that no order could be passed against a dead💀 person. | ITAT | COCHIN | 2013-09-20 |
| It is well settled law that without confronting the statement of witness or allowing cross examination, no adverse inference can be made against a person, against which statement of a third party is used. | ITAT | MUMBAI | 2013-09-06 |
| Admission made by a party if used adversely against another person has, as per settled legal principles, to be confronted to the party who is adversely affected and needs no case law to be referred to hold that opportunity to cross examine the party is necessarily to be provided. | ITAT | COCHIN | 2013-07-26 |
| It is an established principle of law that the onus is upon the person who makes a claim. | ITAT | HYDERABAD | 2013-06-27 |
| It is settled law that the onus of proving a credit lies with the person who shows it. | ITAT | MUMBAI | 2013-06-21 |
| It is settled position of law that a person who seeks equity must do equity. | ITAT | MUMBAI | 2013-06-07 |
| It is settled law that though an admission is an extremely important piece of evidence, it cannot be said to be conclusive and it is open to the person who has made the admission to show that it is incorrect. | ITAT | INDORE | 2013-05-28 |
| It is settled law that though an admission is an extremely important piece of evidence, it cannot be said to be conclusive and it is open to the person who has made the admission to show that it is incorrect. | ITAT | INDORE | 2013-05-27 |
| The law is very well settled that if there is a breach of a statutory obligation, then a person committed such breach cannot be permitted to take advantage of such situation, so as to prejudice the interest of the effected person. | ITAT | AHMEDABAD | 2013-05-10 |
| It is settled position of law that if any document is found in the possession or control of any person in the course of search, it may be presumed that such document belongs to such person and that the contents are true. | ITAT | PUNE | 2013-04-29 |
| The principle of law requires that is a statement or material is an integral part of the case of the Department or is ID draw an adverse inference, cross examination of person making the statement must be given. | ITAT | CHANDIGARH | 2013-04-02 |
| It is a settled position of law that every person does not know the provision of law minutely. | ITAT | MUMBAI | 2013-03-06 |
| It is settled law that a person cannot be punished on mere suspicion and surmises. | ITAT | CUTTACK | 2012-12-14 |
| It was settled law that though an admission was an extremely important piece of evidence, it could not be said to be conclusive and it was open to the person who had made the admission to show that it was incorrect. | ITAT | MUMBAI | 2012-12-12 |
| Admission made by a party if used adversely against another person has, as per settled legal principles, to be confronted to the party who is adversely affected and needs no case law to be referred to hold that opportunity to cross examine the party is necessarily to be provided. | ITAT | COCHIN | 2012-10-25 |
| It is also an established proposition of law that a statement cannot be used adversely to a person without affording him an opportunity to cross-examine that person. | ITAT | DELHI | 2012-10-25 |
| It is an established proposition of law that statement of a person without affording opportunity to cross-examine him by the affected person cannot be relied upon and used against the said person. | ITAT | DELHI | 2012-09-28 |
| It is settled law that the onus to prove something bogus is upon the person who alleges as much. | ITAT | DELHI | 2012-07-31 |
| It is pleaded that it is settled law that the only test for determining the residential status of a person of Indian origin in India is number of days of stay in India. | ITAT | DELHI | 2012-07-24 |
| Admission made by a party if used adversely against another person has as per settled legal principles to be confronted to the party who is adversely affected and needs no case law to be referred to hold that opportunity to cross examine the party is necessarily to be provided. | ITAT | DELHI | 2012-07-20 |
| A person normally expects to be treated reasonably by an administrative authority more so by a quasi judicial authority and such an expectation is a legitimate expectation in Societies governed by rule of law. | ITAT | DELHI | 2012-07-20 |
| It is a settled position of law that the law doesn't direct the person to do the impossible. | ITAT | PUNE | 2012-06-26 |
| It is well settled that the only person competent to give evidence on the truthfulness of the contents of the document is the writer thereof. | ITAT | JAIPUR | 2012-06-22 |
| It is a well-settled principle of law that what is apparent is real until the contrary is proved and the burden of proof lies upon the person who alleges that the apparent is not real. | ITAT | DELHI | 2012-05-23 |
| It is a settled position that firm is not a person who can do any business of its own but has to do the business through partner only. | ITAT | JODHPUR | 2012-04-20 |
| It is well settled law that admission is binding on a person unless explained, otherwise by him. | ITAT | DELHI | 2012-04-19 |
| It is well settled principle of law that it is the responsibility of the person who makes allegation to prove it with cogent evidences. | ITAT | COCHIN | 2012-04-03 |
| It is well settled position of law that what is apparent is assumed as correct and the onus lies on the person who claims otherwise. | ITAT | CHENNAI | 2012-03-23 |
| It is a set principle of law that if part of the entries on a paper is correct then whole of the entries shall be deemed to be correct unless and otherwise the person who possess that paper conclusively prove that only tha part was incorrect. | ITAT | JAIPUR | 2012-01-25 |
| It was settled law that though an admission was an extremely important piece of evidence, it could not be said to be conclusive and it was open to the person who had made the admission to show that it was incorrect. | ITAT | HYDERABAD | 2011-12-27 |
| It is settled principle of law that the person who alleges is liable to discharge his onus to prove the allegation. | ITAT | AGRA | 2011-12-26 |
| It is a settled law that any statement recorded without providing the opportunity to cross examination by the person against whom it is used has no evidentiary value. | ITAT | INDORE | 2011-11-29 |
| It is an accepted proposition of law that human probability can be considered for evaluating the evidence. | ITAT | JAIPUR | 2011-08-26 |
| It is a settled principle of law that the onus to prove that the apparent is not real lies on the person who makes the allegation. | ITAT | DELHI | 2011-07-15 |
| The law is well settled that admissions are not conclusive and the person who made the admission is entitled to show that the admission was made either under a mistake or misapprehension. | ITAT | MUMBAI | 2011-06-15 |
| It is settled principle of law that the person who alleges is liable to discharge his onus to prove the allegation. | ITAT | AGRA | 2011-04-08 |
| It is a fundamental rule of law that no decision must be taken which will affect the rights of any person without first giving him an opportunity of putting forward his case. | ITAT | AGRA | 2011-03-24 |
| It is settled principle of law that the person who alleges is liable to discharge his onus to prove the allegation. | ITAT | AGRA | 2011-03-23 |
| It is settled law that admission by a person is a good piece of evidence though not conclusive and the same can be used against a person who makes it. | ITAT | AHMEDABAD | 2011-02-11 |
| It was submitted that as per settled law when an allegation is made by a person, he will be under obligation to prove the same. | ITAT | DELHI | 2011-01-31 |
| It is a settled proposition of law that if any information has been relied upon by the authority against a person who is adversely affected by it then that opportunity to rebut the same has necessarily to be given. | ITAT | KOLKATA | 2010-11-01 |
| It is well settled law that commission cannot be allowed unless the Assessing Officer is satisfied that persons to whom the commission paid has rendered services. | ITAT | AHMEDABAD | 2010-02-22 |
| It is submitted that it is by now established principle of law that the user of the individual asset has to be looked into, only in the year, the asset is acquired and put to use and that, the user should be judged viz-a-viz the block. | ITAT | AHMEDABAD | 2010-02-05 |
| It is well settled that all and every fanciful and fantastic explanation offered by any person cannot in itself be construed to be a bonafide one. | ITAT | DELHI | 2010-10-15 |
| It is very well settled that the company is a separate legal entity and cannot be equated with any director or any other person. | ITAT | INDORE | 2010-01-25 |
| The eternal principle of law is that one person should not enrich out of the mistake of another person. | ITAT | AHMEDABAD | 2010-01-08 |
| It is settled principle of law apparent is real onus is on the person who al leges that apparent is not real. | ITAT | AHMEDABAD | 2009-11-04 |
| However on merits, it may be mentioned that it is well settled principles of law that a person cannot be charged even a paisa more than what is due. | ITAT | JAIPUR | 2005-04-25 |
| It is a settled law that admission by a person is good piece of evidence though not conclusive and the same can be used against the person who makes it. | ITAT | AHMEDABAD | 2005-04-19 |
| It is well settled principle of law that if a party in possession of best evidence does not produce the same, adverse inference can be drawn against the person who ought to have filed it. | ITAT | KOLKATA | 2003-08-14 |
| It is settled law that a partnership is the relationship between those persons who constitute the partnership. | ITAT | KOLKATA | 2003-02-27 |
| It is equally well settled law that an admission made by the concerned persons is an extremely important piece of evidence. | ITAT | AHMEDABAD | 2003-01-24 |
| It is by now well settled that burden of proof that a particular person is benamidar of another lies on the person who alleges as such. | ITAT | JAIPUR | 2002-12-17 |
| It is well established principle of law that for treating any investment as benami, the burden is on the person who alleges. | ITAT | JAIPUR | 2002-12-17 |
| It is a settled law that the statement of any person cannot be utilised against the other person unless the other person is given an opportunity to cross-examine the witness. | ITAT | MUMBAI | 2002-04-30 |
| It is the settled position that no person is allowed to blow hot and cold simultaneously. | ITAT | DELHI | 2001-09-28 |
| It is settled law that the apparent is real unless proved by the person who alleges that it is not so. | ITAT | HYDERABAD | 2000-12-14 |
| It is well settled that a right of appeal is a creature of the statute and no person has any inherent right of appeal. | ITAT | MUMBAI | 2000-02-02 |
| It is also well settled law that the onus of proving that the apparent is not real is on the person who asserts the same. | ITAT | DELHI | 1998-10-27 |
| The correct and settled rule is that if a statement or material is an integral part of the case of the Department or is relied upon to draw an adverse inference, cross-examination of the person making the statement must be given. | ITAT | MUMBAI | 1995-02-28 |
| Their Lordships further laid down that it was well settled that even where a partnership deed states that a particular person is a partner as representing his HUF, the legal implication is that the person is a partner personally and the other family members are not. | ITAT | ALLAHABAD | 1985-03-01 |
| It is to be noted that a cardinal principle of law in India is that no person can be forced to give evidence against himself. | HC | DELHI | 2018-03-12 |
| It is well settled that no person can take advantage of his own wrong. | HC | RAJASTHAN | 2017-11-07 |
| It is a fundamental principle of law that a natural person has the capacity to do all lawful things unless his capacity has been curtailed by some rule of law. | HC | CALCUTTA | 2017-04-04 |
| However, the said observations cannot be treated to be an exposition of law that whenever electricity dues are to be recovered from a company, the same can be proceeded against the personal assets of Directors also without looking to the basic ingredients which would be necessary to invoke the doctrine of piercing the veil. | HC | ALLAHABAD | 2017-03-03 |
| It is well settled proposition of law that it is the responsibility of the person making allegations to prove the same with credible evidence. | HC | KERALA | 2014-03-06 |
| It is settled law that when an adverse view is to be taken on the basis of statement of third party, the person affected should be afforded a reasonable opportunity of cross-examination, if requested for. | HC | DELHI | 2013-11-25 |
| The said decision does not lay down any proposition of law that importation would stand completed permission being granted by the Director or that the person who obtains such permission would be deemed to be the importer. | HC | GUJARAT | 2012-07-26 |
| In any event, it is settled law that though an admission is extremely important piece of evidence, it cannot be said to be conclusive and it is open to the person who has made the admission to show that it is incorrect. | HC | DELHI | 2010-10-04 |
| It is well established that the estimate is an opinion of a person, it cannot replace the real. | HC | PUNJAB & HARYANA | 2009-07-20 |
| It is well settled that a legislature which has to deal with diverse problems arising out of an infinite variety of human relations must, of necessity, have the power of making special laws to attain particular objects; and for that purpose it must have large powers of selection or classification of persons and things upon which such laws are to operate. | HC | PUNJAB & HARYANA | 2006-10-24 |
| It is well settled that a legislature which has to deal with diverse problems arising out of an infinite variety of human relations must, of necessity, have the power of making special laws to attain particular objects; and for that purpose it must have large powers of selection or classification of persons and things upon which such laws are to operate. | HC | PUNJAB & HARYANA | 2006-10-24 |
| It is well-settled principle that any person can appoint an agent orally or in writing or agency can be inferred by implication also. | HC | ALLAHABAD | 2005-02-03 |
| The settled law is that the firm is not a legal entity even though it has some attributes of personality. | HC | PATNA | 2004-04-13 |
| The doctrine of human probability can be applied only when no evidence is produced by the parties or where the evidence led by the parties is palpably unreliable and not in a case where two opinions are possible on the evidence produced by the parties. | HC | PUNJAB & HARYANA | 2003-09-15 |
| It is also the fundamental rule of law that a person has the implied powers in due discharge of his duties. | HC | CALCUTTA | 2001-09-07 |
| It is well settled that even amongst one category of persons it is open to the legislature to prescribe rational classification based on intelligible nexus. | HC | GUJARAT | 2001-08-16 |
| It is settled position of law that compliance of natural justice is called for when person aggrieved, is affected by non-compliance. | HC | CALCUTTA | 2000-11-15 |
| It was further held that it is indeed pride of constitutional democracy and rule of law that the Government stands on the same footing as a private individual so far as the obligation of the law is concerned. | HC | KERALA | 2000-01-03 |
| It is well settled law that a person, who has complied with the law as it exists, cannot be penalised by reason of the amendment to the law effected subsequently, unless such intention is expressly stated and the imposition of such penalty is not contrary to any of the provisions of the Constitution. | HC | MADRAS | 1998-07-14 |
| But it is well settled that to give "opportunity of hearing" always cannot be meant that personal hearing must be given. | HC | CALCUTTA | 1998-06-15 |
| It is very well settled that a corporation or a juristic personality cannot be subjected to bodily punishment or imprisonment. | HC | MADRAS | 1997-09-29 |
| It is a cardinal principle of law that an order from which civil consequences flow, cannot be cancelled, unless due opportunity of being heard is given to the persons affected by cancellation. | HC | ALLAHABAD | 1997-07-16 |
| Further, it pointed out that the law is well settled that a corporation or a juristic personality cannot be subjected to bodily punishment or imprisonment. | HC | KARNATAKA | 1993-01-22 |
| It is now well settled that the word "individual" does not necessarily and invariably always refer to a single natural person. | HC | CALCUTTA | 1992-03-19 |
| The law is well settled that a corporation or a juristic personality cannot be subjected to bodily punishment or imprisonment. | HC | MADRAS | 1990-10-05 |
| It is settled law that a sentence or punishment must follow conviction and if only corporal punishment is prescribed, a company which is a juristic person cannot be prosecuted as it cannot be punished. | HC | MADRAS | 1990-10-05 |
| It is well-settled law that a trust is not a juristic person or a corporate person. | HC | MADRAS | 1989-04-20 |
| It is settled law that the person who claims exemption should establish it. | HC | KERALA | 1989-02-13 |
| It is very well settled that a corporation or a juristic personality cannot be subjected to bodily punishment or imprisonment. | HC | MADRAS | 1988-09-09 |
| The first is that there must be an agreement between persons and, secondly, the doctrine of agency between the partners inter se is recognised in the latter part of the said definition. | HC | ALLAHABAD | 1988-05-09 |
| It is settled law that a finding based on no evidence or a finding to which no reasonable person, properly instructed in law, could have come, would be a perverse finding. | HC | MADHYA PRADESH | 1987-07-02 |
| So far as proposition of law that persons similarly situated should be given similar treatment is concerned, same is not disputed. | HC | RAJASTHAN | 1986-04-14 |
| By now it is well settled that before an order can be passed even by an executive authority much less a quasi-judicial authority affecting the civil rights of an individual, an opportunity of being heard is a must. | HC | PUNJAB & HARYANA | 1982-03-29 |
| The legal position is well established that the quantum of penalty to which a person can be subjected in connection with the commission of an offence is to be determined with reference to the law governing the matter as it stood on the date of commission of the concerned offence. | HC | KERALA | 1980-11-07 |
| It is further the settled position in law that the ties which bind a person to the country of his domicile of origin are extremely strong and there must be cogent and reliable evidence that he intended to settle in some other country before he could be said to have given up his domicile of origin. | HC | BOMBAY | 1980-09-04 |
| It is well settled that a Hindu coparcenary is a much narrower body than the joint family and it includes only those persons who acquire by birth an interest in the joint or coparcenary property. | HC | GUJARAT | 1980-03-06 |
| It is settled law that if a person who, whilst lawfully in possession, had constructed on the land of another does not remove the superstructure when parting with the possession of the land, he loses his right to remove the superstructure. | HC | GUJARAT | 1979-12-13 |
| However, where the position of law is such that even a skilled person might have made a mistake, the rights of the client should not be forfeited. | HC | DELHI | 1979-11-14 |
| Law appears to be well settled that in passing a quasi-judicial order the reasons therefor must be stated so that the person who is aggrieved thereby can make effective representation against the same, so that the matter can be properly adjudicated by the appellate and revisional authorities if the matter is pursued. | HC | CALCUTTA | 1979-07-30 |
| It is settled law that where a trust is created the property vests in the trustee, and the title does not remain with the individual. | HC | ALLAHABAD | 1979-04-13 |
| It is an elementary proposition of law, as far as Hindu law is concerned, that partition is a severance of joint status and, as such, is a matter of individual volition. | HC | MADRAS | 1979-02-01 |
| It is now well settled that in a petition for the issue of a writ of mandamus the person who claims the writ should prove some interest. | HC | MADRAS | 1979-01-23 |
| It is well settled that even where the partnership deed states that a particular person is a partner as representing his HUF, the legal implication is that the person is a partner personally. | HC | ALLAHABAD | 1978-10-26 |
| I think the law is well settled that where a provision of law is intended solely for the benefit of a person who may be aggrieved by that, it is open to that person either to waive it or, if the cause of grievance has already been obliterated, the provision ought to be taken as creating no prejudice to the person making a grievance of it. | HC | PATNA | 1978-09-25 |
| It was settled law that an unborn person could be a beneficiary under a trust. | HC | ALLAHABAD | 1978-04-04 |
| It is settled law that a firm is not a legal entity but only consists of the individual partners for the time being. | HC | ANDHRA PRADESH | 1977-08-10 |
| It is, however, well settled that a person cannot be made to suffer on account of laches or delay on the part of public authorities. | HC | ALLAHABAD | 1975-07-15 |
| It is a well-settled rule that in judicial proceedings the judgment of the person conducting such proceedings should be wholly unfettered and there should be no interference with the exercise of his judicial functions. | HC | DELHI | 1973-11-30 |
| It is well-settled law that there can be a partial partition between members of a HUF either as regards person or as regards property. | HC | GUJARAT | 1973-10-01 |
| In the absence of such a reservation, it is settled law that the settlor cannot alter the terms of the wakfnama nor can he make a change in the personnel of the mutawallis. | HC | MADRAS | 1972-12-22 |
| It is settled law that an individual by himself cannot constitute an HUF. | HC | ALLAHABAD | 1972-11-13 |
| Coming now to the first contention, it is now well settled that the mere existence of joint family property does not lead to a presumption that the property held by a member of the family is joint, and the burden of proof rests on the person asserting that the entire property was joint. | HC | ALLAHABAD | 1971-12-23 |
| It is also well settled that this principle does not mean that every law must have universal application for all persons who are not by nature, attainment or circumstance, in the same position. | HC | CALCUTTA | 1970-03-11 |
| His position as a member of the joint family after the declaration would be the same as that of a sole surving coparcener, but it is now settled law that a person who for the time being is the sole surviving coparcener is entitled to dispose of the coparcenary property as if it were his separate property. | HC | BOMBAY | 1969-07-08 |
| It is also well settled that this principle does not mean that every law must have universal application for all persons who are not by nature, attainment or circumstance, in the same position. | HC | CALCUTTA | 1968-12-06 |
| It is an elementary principle of law that no person can put forward his own default in defence to a right asserted by the other party. | HC | ALLAHABAD | 1968-02-29 |
| It is well settled that if a person merely surrenders or releases any interest he does not effect any transfer of property. | HC | BOMBAY | 1967-10-04 |
| It is well settled that there is in law no prohibition to a stipulation between the partners against community of loss; nor is it necessary for every partner to produce capital, since a person who becomes a partner may contribute his capital or his skill or both, and that he does so is a sufficient consideration to support an agreement of partnership. | HC | KARNATAKA | 1966-07-15 |
| It may, therefore, be taken as settled law that, if a person carries on two or more distinct businesses, the profits or losses of all of them ought to be added together and the aggregate sum so arrived at would represent his profits or gains in the business. | HC | MADRAS | 1965-04-09 |
| It is a well-settled principle of law that a right of appeal is a creature of statute and no person can claim by way of right a right to appeal. | HC | BOMBAY | 1964-07-24 |
| It is a well settled principle that an executor is a person in whom the property of the deceased vests for administration which is confided to him by the will. | HC | KARNATAKA | 1964-03-11 |
| It is an established rule that the trustee shall not gain any personal advantage from the administration of the trust property or exploit his position to derive any pecuniary benefit. | HC | MADRAS | 1963-10-10 |
| It is also well settled that this principle does not mean that every law must have universal application for all persons who are not by nature, attainment or circumstance, in the same position. | HC | GAUHATI | 1963-07-15 |
| It is also well established that a person veiled by the mask of corporate personality cannot be allowed to pierce the veil himself for his own benefit. | HC | PATNA | 1962-08-09 |
| It is well settled that the onus of proof of claiming exemption is on the person who asserts it. | HC | CALCUTTA | 1962-03-07 |
| It is a well-settled principle of law that the moment any law comes into operation, every person, who is amenable to that law, is affected by it. | HC | BOMBAY | 1961-10-12 |
| Mr. Palkhivala argued that it is well settled that an asset which was acquired or used for the purpose of a business does not cease to be the commercial asset of that business as soon as it is temporarily put out of use or let out to another person in his business or trade. | HC | BOMBAY | 1961-10-11 |
| Now it is a firmly established principle of Hindu law that if a debt is payable by a family and after the family has incurred the liability to pay that debt a partition takes place between its members in which, however, no provision is made for the payment of the debt due by it, the creditor who is entitled to recover the debt can proceed to recover it from every one of the members of the erstwhile Hindu joint family to the extent of the family property in the hands of those individual members. | HC | KARNATAKA | 1961-09-20 |
| It cannot be stated as any rule of law that a minor cannot be a member of an association of persons. | HC | MADRAS | 1961-04-03 |
| It is equally well settled that, under the personal law that governed the grandmother and her grandchildren, a gift of property capable of division to two or more persons without dividing is not valid. | HC | KERALA | 1960-01-07 |
| It is well settled that a legislature which has to deal with diverse problems arising out of an infinite variety of human relations must, of necessity, have the power of making special laws to attain particular objects; and for that purpose it must have large powers of selection or classification of persons and things upon which such laws are to operate. | HC | ANDHRA PRADESH | 1959-12-22 |
| It is a well known principle of law that before an order depriving a person of his property is passed, opportunity should be given to him to show cause why the order should not be passed. | HC | ALLAHABAD | 1955-10-14 |
| It is also well settled that this principle does not mean that every law must have universal application for all persons who are not by nature, attainment or circumstance, in the same position. | HC | BOMBAY | 1955-10-05 |
| It is an elementary principle of law that no person, we take it that the IT Department is included in that definition, can put forward his own default in defence to a right asserted by the other party. | HC | BOMBAY | 1953-09-04 |
| That it is a well settled legal principle that a person cannot be expected to fulfil a condition, which is impossible of performance. | AAR | AUTHORITY FOR ADVANCED RULINGS | 2007-01-22 |
| That it is a well settled legal principle that a person cannot be expected to fulfill a condition, which is impossible of performance. | AAR | AUTHORITY FOR ADVANCED RULINGS | 2007-01-22 |
Notes
- * In the public domain, cases that did not need jumping through major hoops to acquire.
- + Conditions apply. I don't know what conditions.
- Some IT related laws might have crept in.