Showing : 21-30 of 284 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Examination of expert in rebuttal after closure of evidence of plaintiff - Plaintiff cannot lead evidence in rebuttal in respect of an issue, onus of which was on plaintiff himself...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Evidence in rebuttal - Suit for declaration - It is obligatory on part of plaintiff to lead substantive evidence at affirmative stage - Plaintiff cannot be allowed to lead evidence in rebuttal in respect of an issue, the onus of which was on plaintiff himself...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65-- Secondary evidence - At the stage of arguments - No evidence was led by plaintiff in affirmative nor any such evidence was brought in rebuttal - Even the evidence of plaintiff was closed by way of statement of Counsel appearing on his behalf - Said order of closing was never assailed by plaintiff..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27, 23A, 25-- Additional evidence at appellate stage - Additional evidence taken into consideration while deciding appeal without affording opportunity to opposite party to file rebuttal evidence to counter additional evidence - Appellate Court could have set aside judgment and remanded case to trial Court to..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B-- Dowry death - Cruelty - Dying declaration - Presumption - Deceased committed suicide by setting herself on fire - She was married for 13 days only - All PWs corroborated the fact that deceased was subjected to cruelty, harassment and dowry demands at the hands of her i, laws and husband - Dying..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Once prayer for rebuttal evidence is declined the same prayer cannot be entertained in the form of additional evidence...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Copy of notice u/s 106 of T.P Act - Original notice will necessarily be with defendant in view of acknowledgment receipt of same signed by him placed on record of trial Court by plaintiff - No prejudice caused to defendant by taking on record copy of notice u/s 106 of the Act,..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Right to begin - Suit for recovery of possession and damages - Defendants claiming delivery of possession - Onus has necessarily to be on the defendants - Defendants to lead their evidence first and if so desire can lead evidence in rebuttal on the issues of which onus is on plaintiff...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Neither predecessor-i, title of plaintiffs and nor plaintiffs had any subsisting right, title and interest in suit property on the date of filing of suit, as suit property was acquired by State - Defendants filed the documents in appeal by away of..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Evidence - Right to begin - Plaintiff not intending to lead evidence and stating that he may be given opportunity to adduce rebuttal evidence - In view of such stand taken by plaintiff, it is for defendants to lead his evidence and thereafter trial Court will grant an opportunity to plaintiff to..........

Showing : 21-30 of 284 Results