Showing : 81-90 of 354 Results

BOMBAY HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 118, 139-- Dishonour of cheque - Presumption - Rebuttal - Available, if same is rebutted on basis of cross examination of witnesses of complainant and other material evidence on record - It is not mandatory for accused to enter into witness box for purpose of rebuttal of presumption...........
DELHI HIGH COURT
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Wife alleges that husband soon after marriage started beating and torturing her after consuming alcohol - Said fact remained u, rebutted as well as uncontroverted - Plea of husband that there is no specific allegation of cruelty loses its significance in the absence of proper..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Mere denial or rebuttal by accused in reply notice is not enough to rebut presumption - Accused has to prove case by cogent evidence that there is no debt or liability...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Plaintiff only led affirmative evidence with regard to issue Nos.1 & 2 relating to agreement to sell and part payment - It cannot be said that plaintiff had led evidence or produced evidence on specific issue of forgery contained in issue No.3, the burden of which was on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Where plaintiff closed his evidence and did not reserve his right to lead evidence in rebuttal, he cannot be permitted to lead evidence in rebuttal qua which the onus was on him - However, in exceptional case, where plaintiff is not negligent in leading his evidence in..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - When there are several issues and burden of proof some of which lies upon defendant, plaintiff can adduce his entire evidence on all the issues including those onus of proof is upon defendant or having led the evidence in affirmative as regards issues the onus of proof of which..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Plaintiff has option to lead his entire evidence on all issues and in case he intends to lead rebuttal evidence or answer the evidence that is to be led by defendant as regards the issues the onus of proof is upon defendant, he shall have to reserve his right - Further,..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 18, Rule 3, 2-- Rebuttal evidence - Provisions of O.18.R.2 & O.18.R.3 CPC are mutually exclusive and have their independent domains and thus operate in different situations - Both the provisions cannot be read in conjunction but independently and in isolation as regards the right of party beginning to lead..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3-- Rebuttal evidence - Hand writing and finger print expert - Document forming foundation of case and propounded by plaintiff was to be proved by him - However while framing issues, onus was placed on defendant to prove that document was forged and fabricated - When onus of proving issue was on..........
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..........

Showing : 81-90 of 354 Results