Showing : 161-170 of 284 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311-- Dishonour of cheque - Additional evidence - Complainant sought production of a document after statement of accused was recorded u/s 313 Cr.P.C. and before recording defence evidence - Application dismissed even without calling reply on the ground that document sought to be produced was already in..........
ORISSA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Leave of Court to reserve right - Plaintiff closed his evidence - Next day he filed application U.O.18.R.3 CPC that he has closed his evidence for the present - Defendant pleaded question of adoption - Held, if plaintiff is deprived of his right to lead rebuttal evidence then..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Handwriting expert cannot be examined in rebuttal evidence to prove the due execution of the agreement which plaintiff is required to prove only while leading evidence in affirmative - If plaintiff failed to lead evidence by way of examining a handwriting and finger print..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Prevention of Corruption Act, 1988, Section 20(1)-- Statutory presumption - Rebuttal - Accused can rebut such presumption by leading evidence, or from evidence of prosecution witnesses - Not required to rebut such presumption beyond a reasonable doubt...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Punjab Civil Services ( Punishment and Appeal) Rules, 1970,-- Departmental enquiry - Inquiry Officer - Principles of natural justice - Violation of - Statement of the witnesses not recorded in the presence of the delinquent nor he was given opportunity to cross - examine the witness - No opportunity afforded to lead his evidence in rebuttal - Enquiry Officer..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Plaintiff while leading evidence if touches some issues the onus of which is on the defendant then it cannot be said that plaintiff had led evidence on those issues - It is only after the defendant has led his evidence that plaintiff will come to know the same and get an..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Agreement to sell - Alleged to be false and fabricated - Onus to prove on defendant - Expert witness sought to be examined in rebuttal - Held, unless a party leads evidence in support of the plea raised by him in terms of the onus put on him as per the issues framed, no..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20-- Illegal gratification - Acquittal by trial Court - Conviction by High Court - Recovery proved - Burden of rebuttal shifted upon accused who failed to rebut the same - Plea that it was not bribe but it was repayment of loan - Number of notes matched with the numbers noted in the ACB - Bushirt..........
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Year of decision: 2009
Details
Consumer Protection Act, 1986, Section 13(1)-- Summary jurisdiction - Question technical in nature - Grape farm - Damage to grapes crop due to use of bio - fertilizer Zymegold - The issues involved are simple in nature and cannot be said to be complicated questions of facts or law which cannot be decided in consumer proceedings - The Consumer..........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Sought at the stage when case was fixed for rebuttal evidence - Amendment sought in no manner alters or substitutes the stand already taken by defendants - Amendment sought only an elaboration of the defence already set out - An application for amendment cannot be..........

Showing : 161-170 of 284 Results