Showing : 31-40 of 185 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Agreement to sell is not required to be attested by attesting witnesses - Agreement to sell is attested by two attesting witnesses who had appeared in witness-box for examination-in-chief but did not appear for cross-examination - Statement cannot be read in evidence...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Suits Valuation Act, 1887-- Appellant pleaded that bills and entries produced before Court were record of plaintiff only and there is no signatures on receipt on same on part of company or appellant - Company has not come forward to dispute supplies of material to it or to deny bills raised against it - Trial Court has..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 114-- Presumption - Where a party to a suit fails to enter into a witness box to state his/her own case on oath and does not offer himself/herself to be cross-examined by other side, presumption would arise that case set up by him/her is not correct...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 154-- Hostile witness - Cross-examination of one's own witness - DW2 turned hostile and deposed against chief examination and colluded with plaintiff - Defendant filed application to declare him hostile after 2 adjournment and 20 days of closure of evidence of DW2 - More so, no details are furnished as..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 12(1)(c)-- Annulment of marriage - Wife suffering from Sickle cell disease - Wife and her parents were aware about her disease before solemnization of marriage and said fact was concealed by them from husband - Sickle cell disease is not curable and wife who suffered a paralytic attack within three months of..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint u/s 138 of the Act - Legally enforceable debt - When complainant discharges his burden that cheque issued by accused towards discharge of legally enforceable whole or part of debt or liability, then only accused will be called upon to answer his case - However,..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 132-- Examination of witness - S.132 of the Act does not apply to a statement made by a person during an investigation u/s 161 Cr.P.C. rather it refers to a person who enters the witness box and is sworn as a witness...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13-- Eviction - Personal necessity - Premises in question required for running a grocery store jointly by landlady and her husband - Merely because husband never stepped into witness box, is no ground to discard the case of landlady, particularly when need was as such joint and landlady herself had..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 114-- Cruelty - Demand of car - Allegation that father of complainant financed the car - Nothing on record that car was financed by father of complainant and from which bank or finance company - More so, father of complainant not produced in the witness box - Adverse inference drawn against prosecution..........
DELHI HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration that sale deed in question is null and void and for permanent injunction - Plaintiff failed to prove that sale deed was executed in a fraudulent manner - Onus was on the plaintiff to prove the issues by leading cogent evidence - Much less producing any cogent evidence,..........

Showing : 31-40 of 185 Results