Showing : 1-10 of 24 Results

GAUHATI HIGH COURT
Year of decision: 2018
Details
Mohammedan Law-- Right of pre-emption - Presence of two persons while performing Talab-e-ishad (formal demand) is a mandatory requirement - Failure to name such witnesses in pleadings will carry an adverse inference against person seeking enforcement of pre-emptory right - Plaintiff held, not entitled to exercise..........
DELHI HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 11, 114-- Plea of alibi - Not proved - Adverse inference not to be drawn - It is an event that by itself will not fulfill legal requirement of prosecution having established the proof of guilt of accused beyond reasonable doubt...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 379, 201, Evidence Act, 1872, Section 114-- Theft - Adverse inference - Allegation that accused stole the bond paper on which settlement among three parties including accused was recorded - It is not believable that accused after snatching bond will again come back on the same day and no action is taken against accused - Adverse inference..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Partition suit - Defendants pleaded that their father executed Will in favour of his second wife/mother of defendants bequeathing all his properties - Details of said Will not furnished by defendants - Plaintiff on the other hand brought to light a registered Relinquishment..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 114-- Adverse inference - If a party possesses best evidence/witness on any point, but does not produce same, adverse inference will be drawn against him, that had such witness been produced, he would have deposed against the interests of such party...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 114-- Adverse inference - If a party possesses best evidence/witness on any point, but does not produce the same, adverse inference will be drawn against him, that had such witness been produced, he would have deposed against the interests of such party...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 114-- Adverse inference - Will - Genuineness of Will has to be established by plaintiff - Merely because defendant has not given oral evidence to this regard, adverse inference cannot be inferred against him - Plaintiff cannot take advantage of the same...........
DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Custodian interrogation - Court can draw adverse inference against accused but police cannot compel answers by custodial interrogation - No doubt police have powers to investigate the matters as per their way as per law but it does not mean that police will exercise power just..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 364, 302, 307, 120B-- Kidnapping & murder - Conspiracy - Accused persons armed with hockey and swords assaulted PW15 and forcibly took away his wife and killed her - Motive behind murder of deceased is that marriage between deceased and PW 15 was not liked by parents of deceased as she married according to her own will..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Will -- Genuineness - Plaintiff a major beneficiary took active part in getting the will drafted - Testator was 81 years old lady suffering from paralysis was residing with plaintiff - Medical records in possession of plaintiff not produced - Adverse inference drawn - Gross delay in filing testamentary..........

Showing : 1-10 of 24 Results