“Once the writ and statement of claim are sent by AR registered post it is prima facie proof of service unless the defendant is able to rebut it. On the facts, it was clear from the affidavit of the second defendant that he had the knowledge that the writ and statement of claim were served on the first defendant”
Author: Vinodhan Kuppusamy
Do You Have A Right To Your Lawyer Of Choice?
Article 5 (3) of the Federal Constitution states “Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.”
Received A Dishonoured Or Bounced Cheque? Here’s What You Need To Know
When cheques are issued to you, there will always be a risk of that cheque being dishonoured by the drawer of the bill. And that is regardless of whether you are dealing with a bank or even a long-time friend.
An Application for Discovery in a Civil Suit
The discretionary power to reject or to allow the application for discovery is held by the court. But the procedure in applying for discovery in a civil suit requires certain guiding principles to be fulfilled.
Treatment at a Beauty Salon Gone Wrong. What Should I Do?
What happens when your beautician messes up your treatment so badly that your face is severely scarred or hurt beyond remedy? Can you take an action against this beautician from hell?
What Constitutes a Binding Contract?
“If a promisor stipulates by the terms of his offer that it may, or that it shall, be accepted in a particular manner, the contract materialises as soon as the promise does that stipulated act.”
Separate Legal Personality: A Non-Human Person?
If a Company is liable for legal action, do the shareholders and directors automatically become liable as well? How can a Company be liable when it is not actually a person?
Contract Law: Is Past Consideration Good Consideration?
For a contract to make sense or be worthwhile, all parties to the contract must receive some sort of benefit from it. In legal sense, this is called Consideration. Consideration is an essential element in every contract and/or agreement. Consideration refers to the benefit that each party receives or expects to receive from the contract.
Standard & Burden of Proof
“The standard of proof in civil cases is the legal standard to which a party is required to prove its case, namely on a balance of probabilities. In civil litigation, the question of the probability or improbability of an action occurring is an important consideration to be taken into account in deciding whether that particular event had actually taken place or not.”
Without Prejudice Letters: When & How Can They Be Admissible In Court?
What is a Without Prejudice Letter? Well, it is literally a letter with a small part somewhere on the document labelled “Without Prejudice”.