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Results of rebuttal evidence

Showing : 101-110 of 309 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Expert opinion - Defendants have set up a Will which is subject matter of challenge of suit - Onus of proving that Will in question is null and void was upon plaintiff - Once onus is upon plaintiff, he cannot examine expert by way of rebuttal evidence after leading evidence in affirmative - Moreover,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Sought at the stage when case was fixed for rebuttal evidence and arguments - Plea that plaintiff is a unregistered partnership firm - For deciding application for rejection of plaint only averments made in plaint are seen and version of defendant in written statement or the documents of defendant are..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - When entire evidence has already been led, mere recasting of an issue does not change the situation and claim of plaintiff to lead rebuttal evidence to this issue when arguments are already in progress after completion of evidence by parties has no merit particularly when there was no reservation of right..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - If Court finds that for the purpose of proper adjudication of the matter, certain evidence is required to be taken, then there is no bar for trial Court to allow evidence to be taken at the stage of rebuttal evidence/arguments...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2014
Details

Evidence Act, 1872, Section 112, Civil Procedure Code, 1908, Order 18, Rule 3 -- Claim of paternity - DNA test - At the stage of rebuttal evidence - Where Court finds that there is sufficient prima facie evidence for purpose of conducting DNA test, then there is no bar for trial Court to allow said DNA test at the stage of rebuttal evidence so that a child who claims..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Land Acquisition Act, 1894, Section 4, 6, 18, 23 -- Land acquisition - Compensation - Value of building - Guess estimate is not warranted when material evidence in the shape of valuation report is available on record - No rebuttal evidence adduced by respondents - High Court committed error in resorting to guess estimate for reducing the value of building - Impugned order..........

KERALA HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 118 -- Presumption - Rebuttal - Defendant can rebut the presumption by showing preponderance of possibilities in his favour to the effect that consideration as stated in the promissory note or in the plaint does not exist - He can rely on direct evidence or circumstantial evidence or on presumptions of law or fact...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff cannot as a matter of right lead evidence in rebuttal on issues, the onus of proof of which is on them...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff cannot be allowed to lead evidence in affirmative qua an issue with regard to which onus was on plaintiff to prove the same - In instant case, plaintiff failed to examine any handwriting expert, while leading her evidence in affirmative - Merely because defendant had examined a handwriting expert..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Framing of additional issues - Petitioners-plaintiffs instituted suit for declaration with consequential relief of permanent injunction - Application for framing of additional issues with regard to validity, genuineness of impugned Wills filed when case was listed for rebuttal evidence and arguments - Real controversy..........

Showing : 101-110 of 309 Results