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 examined a handwriting expert..........
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 arguments - Real controversy..........
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..........
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...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal Evidence - Right to lead evidence in rebuttal not reserved - Plaintiff cannot lead evidence in rebuttal merely for the reason that defendant has examined some witnesses...........
Agreement to sell -- Specific performance - Escalation of price would not deter Court to grant relief of specific performance - Where defendant who chooses not to lead evidence in rebuttal cannot be allowed to defeat the suit merely because prices of suit property are rising, moreover when plaintiff is ready and willing to pay the real market value of the property...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Normally when the suit reaches the stage of rebuttal evidence or arguments, it should not be dismissed in default - Even, if it has been dismissed in default, the same should be restored when plaintiff files application by holding that plaintiff could not afford to intentionally..........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 118, 139 -- Accused in business of production of feature films obtained Rs.56,00,000 as hand loan from complainant - Cheque drawn for repayment of loan was returned unpaid with endorsement "Account Closed" - Police after investigation in complaint field charge-sheet - Accused convicted by..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Right to rebuttal cannot be exercised unless the onus of an issue is upon other party or the party beginning reserved its right in this regard before the evidence of other party commenced - Held, plaintiff has no right to lead evidence in rebuttal as the onus to prove the same was on him and the right to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Head on collision - Both drivers charge sheeted - Death of one driver and thus his name deleted from charge sheet - Tribunal holding it case of contributory negligence - Tribunal relying charge sheet and ignoring eye witnesses - Tribunal erred in concluding it a case of contributory negligence in absence of..........
