Showing : 1-10 of 16 Results

DELHI HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - No stipulation either in agreement to sell or in extension agreement that NOC needs to be obtained by defendant - It cannot be said that lack of NOC was a valid reason for plaintiff not to make payment of balance sale consideration - Plaintiff not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 114-- Plaintiff himself not appearing as his own witness - Plaintiff appearing through attorney - No prejudice shown to be caused to defendant - Nothing to show that any material question put to attorney not answered - Adverse inference can only be drawn if attorney is unable to answer the question put..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 16, Rule 14, Evidence Act, 1872, Section 114-- Plaintiff not appearing as his own witness - Defendant cannot compel plaintiff to examine himself as a witness - It is prerogative right of plaintiff to examine any witness - However, defendant can insist upon Court to draw adverse inference for non examination of plaintiff as his own witness...........
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...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 114-- Presumption - Best evidence available to prove marriage was by examining 11th defendant as a witness - Plaintiffs having failed to examine 11th defendant as a witness, are guilty of suppression of material evidence and an adverse inference has to be drawn against plaintiffs for their failure to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 101, 102, 114-- Burden of proof - Encroachment upon land of plaintiff by defendant - Burden to prove the fact that defendant encroached upon suit land was on plaintiff - It was not for the defendant to prove that he has not encroached upon the land of plaintiff - Defendant was not required to lead negative..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Evidence Act, 1872, Section 114(g)-- Adverse inference - Document in possession of defendant - Plaintiff not permitted to have any inspection - Plaintiff did not submit any interrogatory statement or an application for making inspection or for production of the document - Held, in such a fact situation, it is not permissible for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Agreement to sell-- Specific performance - Agreement alleged to be forged and fabricated - Defendant refused to appear for giving his thumb impression for comparison in support of his plea - Adverse inference rightly drawn. (Evidence Act, 1872, S.114)...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 114-- Party to the suit not entering into witness box - Attorney examined as a witness - Factum within personal knowledge of defendant himself - It was imperative for defendant to have himself stepped into witness box - Held, on account of non examination of a party as his own witness, very strong..........

Showing : 1-10 of 16 Results