Showing : 31-40 of 349 Results

DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - To rebut the statutory presumption, an accused is not expected to prove his defence beyond reasonable doubt as is expected in a criminal trial - An accused can either adduce direct evidence to prove the non existence of any debt or liability or could..........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Statutory presumption in favour of complainant stands rebutted because of inconsistent pleas of complainant...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Petition by husband - Wife left the matrimonial home since 1989 - Explanation which was tendered/furnished by wife was not acceptable even to man of ordinary prudence - Even no evidence has come on record in rebuttal which support the justification tendered by wife - Ground..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Right to begin - Suit for partition - Defendants claimed two items in suit properties as their self acquired properties - In such circumstances it is defendants who would begin first - Plaintiff shall be obliged to lead evidence in rebuttal only after defendants lead its evidence in proof of its..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Plaintiff can lead evidence in rebuttal only on those issues the onus of which onus was on defendant - Plaintiff cannot lead evidence in rebuttal on issues of which onus was on him...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Local Commissioner at belated stage - Demarcation of suit property - O.26.R.9 CPC, nowhere prohibits institution of application at a belated stage and rather should be filed at a stage when in the interest of justice it is required to do so - In the instant case, evidence of parties..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 118, Evidence Act, 1872, Section 101, 102-- Pronote - Burden of proof - Initial burden is always on plaintiff to prove execution of pronote - Once execution of pronote is proved by plaintiff then statutory presumption available u/s 118 of N.I.Act comes into operation in favour of plaintiff - Defendant may also dislodge statutory presumption..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Appreciation of evidence - Complainant specifically stated in cross examination that accused filled cheque in his own writing and delivered same to him on different date but writing over cheque can be judged from naked eye that name of complainant..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 118-- Dishonour of cheque - Complaint u/s 138 of the Act - Presumption - It is rebuttal by evidence of executant and circumstances of case - Presumption u/s 118 of the Act is that cheque is made for consideration...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Allowing additional evidence that too after closure of evidence by orders of Court, which otherwise attained finality - Not permissible under law - Rather, it amounts to allowing of rebuttal to rebuttal evidence, which is unheard of in judicial circles...........

Showing : 31-40 of 349 Results