LawMirror.com

Results of plaintiff only examined

Showing : 21-30 of 173 Results

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 18, Rule 4, 19 -- Recording of evidence - Plaintiff aged more than 80 years is an illiterate lady, executed a general power of attorney in favour of one person - She wanted to examine said power of attorney holder in support of her case - Defendant opposed said prayer before trial Court, which was upheld by trial Court and affirmed by High..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Will -- Execution - Proof - Marginal witness of Will not examined by plaintiff to prove veracity and authenticity of Will - Plaintiff thus, failed to prove execution of Will in his favour - Will held, discarded...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Ownership - In the instant case, notice was issued by defendant for resumption of land whereby said notice was challenged by plaintiff on assertion of absolute ownership and possession over property - However, said assertion was denied by defendant on ground that property belonged to Government..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Conditional order - Non compliance of the condition - Defendant has no right to cross examine either the plaintiff or any witness examined on his behalf or advance arguments...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of occupancy rights - Plaintiff/claimant obtained occupancy rights on basis of lease deed - Lease deed being unregistered and ante-dated found to be sham - Even otherwise, plaintiff himself admitted that he is not in possession of land and cultivation on his behalf is carried out by servant under management of..........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Evidence Act, 1872, Section 120 -- Examination of husband on behalf of wife - Plaintiff/wife was not in a position to depose due to severe illness - Daughter of plaintiff not competent to depose on her behalf when husband of plaintiff is alive - Provision presupposes knowledge of husband to be that of wife and vice versa - Husband rightly allowed to be examined on behalf..........

KARNATAKA HIGH COURT

Year of decision: 2017
Details

Agreement to sell -- Specific performance - Readiness and willingness - Defendant received part consideration on the very same day of execution of agreement and additional amount within 3 months from date of such agreement - Plaintiff always ready and willing to perform her part of contract, as she repeatedly requesting defendant to perform his part of contract but..........

MADRAS HIGH COURT

Year of decision: 2017
Details

Will -- Registered - Presumption - Will was registered and Sub-registrar examined and filed his report - Sub-registrar proved execution of Will - Moreover, presumption that official act has been done in accordance with law and rules prescribed has to be drawn in favour of Sub-Registrar u/s.114(e) of Evidence Act - Onus is upon plaintiff to prove undue influence and..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Recall of one defendant by another defendant - Both of them are on the same side, without any conflicting interest against each other - Such defendant was protecting his own right and was cross-examined by plaintiff, did not come up with any application for reopen and recall on the ground that he had to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of pronote and receipt - Recovery suit - Pronote and receipt not proved on record as per provisions of Ss.63, 65 of the Act and photocopy of documents have no evidentiary value in eyes of law - Plaintiff stated that documents in question were lost but no complaint registered after missing of said documents -..........

Showing : 21-30 of 173 Results