Showing : 11-20 of 349 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65-- Secondary evidence - At the stage of arguments - No evidence was led by plaintiff in affirmative nor any such evidence was brought in rebuttal - Even the evidence of plaintiff was closed by way of statement of Counsel appearing on his behalf - Said order of closing was never assailed by plaintiff..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27, 23A, 25-- Additional evidence at appellate stage - Additional evidence taken into consideration while deciding appeal without affording opportunity to opposite party to file rebuttal evidence to counter additional evidence - Appellate Court could have set aside judgment and remanded case to trial Court to..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, 127-- Maintenance to wife - Enhancement - Effective date - Wife entered witness box and brought on record circumstances which justified enhancement of maintenance - Circumstances existed as on date of application - Husband did not step into witness box in rebuttal - No infirmity in impugned order of..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Rebuttal - Once presumption arising u/s 118 r/w S.139 of the Act is raised, it can be rebutted by accused on preponderance of probability at trial - This can be done on basis of cross-examination of complainant and his witnesses, if any, and/or by leading..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Once prayer for rebuttal evidence is declined the same prayer cannot be entertained in the form of additional evidence...........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Right to begin - Suit for recovery of possession and damages - Defendants claiming delivery of possession - Onus has necessarily to be on the defendants - Defendants to lead their evidence first and if so desire can lead evidence in rebuttal on the issues of which onus is on plaintiff...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Neither predecessor-i, title of plaintiffs and nor plaintiffs had any subsisting right, title and interest in suit property on the date of filing of suit, as suit property was acquired by State - Defendants filed the documents in appeal by away of..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Evidence - Right to begin - Plaintiff not intending to lead evidence and stating that he may be given opportunity to adduce rebuttal evidence - In view of such stand taken by plaintiff, it is for defendants to lead his evidence and thereafter trial Court will grant an opportunity to plaintiff to..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 14, Rule 5-- Additional issues - Plea essentially a issue in rebuttal to issue No.1 - Petitioner while leading his evidence, would be free to lead evidence qua additional pleas and exhibit documents pertaining to the plea already taken - No necessity to frame additional issue...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Sale deed - Execution not denied - Court cannot straightaway proceed to hear appeal, after admitting additional evidence, without affording opportunity to lead evidence in rebuttal or to explain the alleged admission...........

Showing : 11-20 of 349 Results