Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Additional evidence at appellate stage - Trial Court dismissed complaint as it did not believe the story of complainant of giving loan to accused - Additional evidence sought to be led at appellate stage to summon witnesses from Bank to prove that in fact loan amount involved in complaint was given..........
Transfer of Property Act, 1882, Section 106 -- Notice - Sent by registered post at correct address - Once plaintiff led evidence and duly proved the service of legal notice, defendant is bound to lead rebuttal evidence to show that notice was not served although the same was posted to the correct address - Rebuttal evidence not led - Held, notice was duly served...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal - Plaintiff closed his evidence without reserving his right to adduce evidence on any of the issues, the burden of which was on the defendant - Defendant did not lead any evidence - Held, when right was not reserved by plaintiff to adduce evidence in rebuttal and when no evidence is adduced by defendant, it cannot be..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne Profits - Grant of - Defendants under perception that defendant No.4 had half share in bus forcibly took away the bus - Specific plea of plaintiff that he was earning Rs.1,000/- per day by plying bus - Plea regarding income from bus has not been specifically denied by defendants - There is no rebuttal of evidence led..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal - Hand writing expert - Cannot be allowed to be examined in rebuttal evidence when execution of agreement was denied in written statement and onus to prove agreement was on plaintiff...........
Evidence Act, 1872, Section 17 -- Admission - Rebuttal in cross-examination - Effect of - Held, admission is the best evidence but when admitted fact itself later on has been denied by defendant in his cross examination, then it was the duty of plaintiff to prove his own case...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Complainant a chitty company - Accused subscriber of complainant - Chitty prized in favour of accused - Chitty amount availed by accused - Both courts below have concurrently found that dishonoured cheque in question was issued by accused towards discharge of liability due to complainant out of..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Relationship of landlord and tenant - Landlord claiming himself to be owner of the premises - No reference to the demised premises in the sale deed - Rent receipts produced by landlord in rebuttal evidence - Rent receipts should have been in possession of tenant as the receipt is issued by landlord to..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Handwriting expert - Execution of agreement to sell denied - In such a case plaintiff is not allowed to lead evidence in rebuttal - However, when one attesting witness appears as DW and denies his signatures then it becomes necessary for plaintiff to contradict statement of attesting witness by way of..........
Negotiable Instruments Act, 1881, Section 138, 142, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Legally enforceable debt and liability - Presumption as to - Rebuttal thereof - Held, as per S.139 of the Act, it is burden of accused to rebut presumption as S.139 of the Act provides that once cheque contains signature of a particular accused, it has to be presumed..........
