Showing : 71-80 of 284 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Examination of official witnesses - Plaintiff in his averments stated that evidence was not in his knowledge or could not be produced despite due diligence, but there is not even a whisper as to how said evidence has come to knowledge of plaintiff - Moreover, defendant..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement 0 Amendment sought when case was fixed for rebuttal evidence and arguments - Proposed amendment was well within knowledge of defendant - Moreover, by way of amendment, defendant wants to set up entirely a new case by introducing the Will, which is not permissible - Application..........
MANIPUR HIGH COURT
Year of decision: 2016
Details
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 5-- Setting aside of arbitral award - Condonation of delay - All the four awards were sent to the appellant by registered post with A/D and presumption is that he was served unless such presumption is rebutted by the appellant - Even, appellant only denied receiving of copy of the award in all the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Presumption - Rebuttal - No document to prove loan transaction - Evidence on record shows probable version given by accused is correct - Complainant failed to prove his case against accused beyond shadow of reasonable doubt - Accused rightly acquitted...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Plaintiff intends to examine one `S' who had instituted the suit on behalf of the company - Plaintiff intends to lead evidence in rebuttal which he failed to lead in affirmative - Application rightly rejected...........
ORISSA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 18, Rule 1, 2-- Right to begin - Partition suit - Plea of defendant of previous partition - Burden is on defendants to prove previous partition - Only when defendants lead some evidence in proof of previous partition, plaintiff would be obliged to lead evidence in rebuttal - Application of plaintiff for a..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - Framing of issues - Material proposition of fact asserted by one party and denied by the other party in objection petition - Held, that framing of issues and giving opportunity to objector to lead evidence and also giving opportunity to no, objector to adduce rebuttal..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Right to begin - Suit for partition - Defendant taking plea of previous partition - Defendant will lead evidence first and thereafter plaintiff will lead evidence in rebuttal - Defendant is to lose if neither party adduces evidence...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3-- Rebuttal evidence - Additional evidence cannot be lead in the garb of rebuttal evidence - There is difference between rebuttal evidence and additional evidence - Evidence in rebuttal cannot be lead to fill lacunas in evidence...........
ORISSA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Plaintiff filed application to adduce rebuttal evidence before defendants began their evidence - There are several issues in the suit and burden lies on defendants to prove some of the issues - Moreover, plaintiff already granted time to adduce further evidence - Rejection of..........

Showing : 71-80 of 284 Results