Jammu High Court delivered
1 year ago
Jammu High Court delivered two contradictory judgements on one and same matter one in 2007 and second in 2019. In first judgement the court put burden of proof on applicants but in second judgement the burden of proof put on mutation attesting authority that is Tehsildar. Pl advice in writing which is valid and authentic judgement. Also advice whether previous judgement is over ruled or not.
A.Dear client. The Full Bench of Supreme Court in one of its decision held that in this case that when two conflicting judgments of the Supreme Court were there, then on principle the High Courts must follow the judgment which appears to it to lay down the law more elaborately and accurately.
However, when there are two conflicting decision of high courts the later one needs to be followed.
However, when there are two conflicting decision of high courts the later one needs to be followed.
Helpful
Helpful
Share
A.Dear Sir,
Which ever is beneficial to you may be cited without disclosing the other. Normally, the latest judgement will be considered as valid judgement.
Which ever is beneficial to you may be cited without disclosing the other. Normally, the latest judgement will be considered as valid judgement.
Helpful
Helpful
Share
Read Related Answers
Emergency Vacant PG
Dear Client,
In the absence of any specific term in the rent agreement specifying the deduction of a full month's rent for non-service of notice for vacating rented premises, a PG Manager cannot dedu...
Eviction of property by filing case on third party
Dear Madam,
That suit is to be dismissed summarily for filing against wrong person since you are the person and running the shop in the capacity of proprietor and seems holding trade license, GST etc.
Ex landlord not returning the advance money
Dear Client,
In the absence of a rent/lease agreement, you lived a considerable period and left it making your claim of refund of advance deposit from the landlord the most difficult and infructuous b...
Owner disputes with Association, tenants being threatened
Dear Client,
A dispute between a tenant and landlord is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute i...
My broker asking for unwanted momey
Dear Client,
After the enactment of the Real Estate (Regulation and Development) Act, 2016, all real estate agents are mandatorily required to register themselves with the RERA under Section 9 of the...
Read Blogs on Landlord and Tenant
Landlord and Tenant Lawyers
Find Lawyers by Location