Showing : 1-10 of 284 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Can be made with reference to the evidence of prosecution as well as of defence...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 324, 452, 148, 149, 506-- Summoning of Doctor - To prove Radiological Reports - Doctor conducted radiological examination of injured - However, doctor was not cited in list of PWs by I.O due to oversight and omission could not be noticed by Assistant Public Prosecutor at the time of recording of prosecution evidence - No..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13(1)(i)-- Divorce - Adultery - Petition by husband - Allegation that wife indulged in sexual activities with one person - Said fact is proved from contents of DVD, as produced by husband, which was placed in room of wife by husband - Said recordings of DVD shows that wife had sex with said person in the..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Registration Act, 1908, Section 17, Evidence Act, 1872, Section 114, 102-- Registered sale deed - Executed by father of plaintiffs in favour of defendants - There shall be presumption in favour of defendants - Onus for rebuttal lay on plaintiff...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal of presumption - It is permissible for accused to rebut the same on the basis of evidence led by prosecution...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal of presumption - To rebut presumption on preponderance of probabilities, accused can point out contradictions/deficiencies in the evidence of prosecution - It is not necessary for accused to lead evidence in defence to rebut presumption...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Presumption can be rebutted even by evidence led by prosecution - Not necessary for defence to lead evidence to rebut presumption...........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Legally recoverable debt - Rebuttal of presumption - Accused need not enter into witness box by letting evidence - Accused can rebut evidence of complainant in cross examination...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Closure of - Plaintiffs filed the applications U.O.40.R.1 CPC and S.45 of Evidence Act, which was also dismissed - They did not file applications immediately on closure of their evidence or when case for first time was fixed for rebuttal evidence - Even otherwise, plaintiffs..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Rebuttal - Accused may adduce evidence to rebut the presumption - But, bare denial of passing of consideration and existence of debt, apparently would not serve the purpose of accused...........

Showing : 1-10 of 284 Results