Showing : 191-200 of 433 Results

DELHI HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 114(g)-- Adverse inference - Murder of wife by husband - Possibility of children present in the house at the time of murder not ruled out - Non examination of any children - Adverse inference drawn that had the children been examined they would not have supported the case of prosecution...........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 114(g), Civil Procedure Code, 1908, Order 20-- Fact stated in judgment as to what transpired at the hearing is conclusive of the facts so stated and no one can contradict such statements by affidavit or other evidence - If facts so stated are not correct then it is incumbent upon the party to call the attention of the very Judges, who have so..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 114-- Withholding an important document - Even if the burden of proof does not lie on a party, Court may draw an adverse inference if he withholds important documents in his possession which can throw light on the facts at issue...........
DELHI HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 3, 114-- Non examination of material witness - Adverse inference - It is permissible inference and not a necessary inference - Non examination of material witness not fatal in every case - It is only in cases where there is an infirmity or doubt in the case set by the prosecution that non examination of..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 114-- Plaintiff not entering the witness box as its own witness - No onus cast on plaintiff - Admitted facts need not be proved - Oral evidence of PW1 sister-in-law of plaintiff is sufficient who is well acquainted with the facts of the case - Held, case of plaintiff not affected in any way for his non..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 35, 114-- Rape - Age of prosecutrix - Date of birth entered in elementary school records - No conclusive proof about correctness of date of birth in the absence of evidence of either the parents or any other relative, who gave information at the time of admission in the elementary school...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 114-- Presumption - Most important rule as to presumption is that they must be based upon facts and not upon inferences or upon other presumptions - No presumption can with safety be drawn from another presumption - Fact presumed should have direct relation with the fact from which the presumption is..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 114-- Presumption - When fact giving rise to a presumption is undisputed and no explanation negativing the presumption is offered, Court is justified in laying the onus proper where, but for the presumption, the onus could not be laid...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 114-- Presumption of fact - Issuance of death certificate - Irrebuttable presumption of fact that deceased died in train fire accident - Death certificate cannot be denied on the mere ground that body could not be identified as it was charred due to fire to such an extent that it became invalid for DNA..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Transfer of Property Act, 1882, Section 106-- Notice u/s 106 TPA - Sent by registered post - Received back with remarks `not present' - Presumption of service cannot be drawn as the letter was not actually served...........

Showing : 191-200 of 433 Results