Showing : 11-20 of 24 Results

BOMBAY HIGH COURT
Year of decision: 2013
Details
Will -- Genuineness of will - Presumption - Objection was raised by defendant that deceased was not keeping good health prior to her death - Though initial onus was on defendant to prove the objection but as plaintiff was staying with deceased and had access to all medical papers, he has to prove the same..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 114(g), 32, Criminal Procedure Code, 1973, Section 161-- Dying declaration - Suppression of - Presumption - Held, when an important document has been suppressed without there being any explanation, an adverse inference can be drawn u/s 114(g) of Evidence Act, 1872 - A presumption can be raised from willful withholding or suppression of useful evidence..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2010
Details
Hindu Marriage Act, 1955, Section 13(1)(i)(b)-- Desertion - Husband sough divorce on ground of desertion, alleging that they remained away from each other for more than 20 years - Trial Court allowed petition assigning reason that wife had not herself filed petition for restitution of conjugal right, though husband had filed petition for..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a)-- Sub letting - Proof of - (i) a sub-tenancy is invariably a secret arrangement and the Court will only look to the conduct of the parties in evidence to determine whether the case of sub-tenancy is true or not and the exclusive possession of the sub-tenant is established or not; (ii) production of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 114(g)-- Poppy husk - Recovery of 125 bags from a truck - Independent witness - When prosecution apprehends that independent witness will not support its version at the trial even then it is necessary for prosecution to examine him to reveal the truth - Adverse inference has to be drawn if not examined...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 23-- Accused alighted from train - She was having a bag containing motor parts - Each part contained heroine weighing 5.540 kg. - Testimony of official witnesses were consistent and reliable and there was no contradiction in their testimony - There was no hostility between official and accused -..........
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Year of decision: 2007
Details
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Evidence Act, 1872, Section 106-- Medical negligence - Good faith - Burden of proof - Adverse inference - Compensation - Withholding or the non-production of the Neuro Physician - It would show that a Neuro Physician or a Neurologist did not attend to the patient - Non production will draw adverse inference - Had the medical..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Evidence Act, 1872, Section 114-- Adverse Inference - Dispute as to genuineness of Will - Beneficiary, niece of testator, not examining herself to dispel special reason for execution of Will in her favour excluding wife and minor children of testator - Non examination of the party to the lis would lead to an adverse inference..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Service-- Termination - Working for 240 days in a given year - Burden of proof is on the workman - Burden is discharged upon the workman adducing cogent evidence, both oral and documentary - Mere affidavits or self-serving statements are not sufficient to discharge the burden - Since in the case of daily..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Evidence Act, 1872, Section 101-- Burden of proof - When sufficient evidence is adduced to prove the corrupt practices, burden shifts on the returned candidate to rebut the same - Failure to do so will result in drawing adverse inference against him...........

Showing : 11-20 of 24 Results