Showing : 11-20 of 22 Results

JHARKHAND HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Onus to prove case - Discharge of - Held, well settled that plaintiff has to succeed or fail on merit and evidence of their own and not on the weakness in defendants' case or evidence - Even if defendants' witnesses, as claimed by appellant, were scanty or insufficient, the same is..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2011
Details
Adverse possession-- Suit for declaration - Fact as to in what manner and on which particular date plaintiff came in possession of suit land and his possession became adverse not alleged specifically in plaint - Statement of plaintiff by itself is not sufficient to prove case of adverse possession as there is no..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 3, Rule 1, 2-- Attorney - Evidence as regards personal knowledge - (a) An attorney holder who has signed the plaint and instituted the suit, but has no personal knowledge of the transaction can only give formal evidence about the validity of the power of attorney and the filing of the suit; (b) If the attorney..........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Agreement to sell-- Specific performance - Agreement to sell registered - Attesting witness supporting the case of plaintiff - Defendant failing to prove that agreement is only a security deed - One witness examined by defendant deposing that agreement was written as security for loan he borrowed from plaintiff but..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 8, Rule 5, Civil Procedure Code, 1908, Order 9, Rule 6-- Plaintiff directed to prove his case in the absence of defendant, his counsel and his written statement - Does not mean, in every such case decree passed is one under Order 9 Rule 6 and not under Order 8 Rule 5 - Such decree when passed is whether one under Order 8 Rule 5 or Order 9 Rule 6 is a..........
DELHI HIGH COURT
Year of decision: 2006
Details
Agreement to sell-- Suit for specific performance - Decree for payment of double the amount of earnest money - Relief of specific performance declined on the ground that plaintiff failed to prove ownership of defendant - Averment in plaint as to ownership of defendant and same proved by registered lease deed in..........
KARNATAKA HIGH COURT
Year of decision: 2003
Details
Negotiable Instruments Act, 1881, Section 118-- Pronote - Consideration - If execution is proved there is presumption of consideration - Scribe of pronote in his evidence stated that defendant was not present when he filled up the blank pronote and no consideration was paid in his presence - Attesting witnesses not examined - Held, plaintiff..........
MADRAS HIGH COURT
Year of decision: 2002
Details
Promissory note-- Signature admitted - Promissory note alleged to be stamped but unwritten when signed - Holder can complete the instrument as a negotiable one - Burden shifts on defendant to prove subsequent writing on promissory note and non-borrowal of amount - Presumption arising in favour of plaintiff -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 18, Rule 17-A-- Expert - Examination in rebuttal - Will - Initial onus to prove on plaintiff is discharged on examination of scribe and attesting witnesses - Examination of an expert in the first instance is not essential - If the defendant examines a handwriting expert, plaintiff can well take it that onus again..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1998
Details
Agreement to sell-- Oral - Law recognises an oral agreement of sale of immoveable property - Heavy burden lies on the plaintiff to prove that there was consensus ad idem between the parties for a concluded oral agreement - Whether there was a concluded oral contract or not is a question of fact to be determined in..........

Showing : 11-20 of 22 Results