Showing : 91-100 of 284 Results

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..........
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 himself..........
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...........
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..........
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..........
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..........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Defendant/respondent led evidence on issue No.4 which relates to recovery of amount from plaintiff/petitioner by way of counter claim - Held, since onus to prove issue No.4 is on defendant, therefore, petitioner can lead evidence to rebut same and hand writing expert can be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3-- Handwriting Expert - Cannot be allowed to be examined in rebuttal and even cannot be allowed to be examined by way of additional evidence, as this evidence was well within the knowledge of petitioner, at the time when he was leading evidence in affirmative...........

Showing : 91-100 of 284 Results