Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(4)(iv), Evidence Act, 1872, Section 114 -- Eviction petition - Refusal to adduce evidence - Adverse inference - Cardinal flaw in defence set up by tenant is that he refused to mount the box and give any evidence to corroborate with defence set up in written objection - It was rudimentary for tenant to..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant stated that accused borrowed Rs.25,000 from him due to personal relation - However, accused did not enter into witness box and not denied by adducing evidence of himself that he has not borrowed money from complainant - Presumption u/s 139 of the Act will survive - Version..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Since there is no eye witness to the occurrence, nobody had seen accused going to house of complainant nor anybody had seen him leaving the house - Even, prosecution failed to compare blood stains to establish guilt of accused - Moreover, if alleged `loi' was taken by..........
Agreement to sell -- Specific performance - Earnest money proved to have been paid to defendants by plaintiff - However, defendants failed and neglected to execute and register deed of conveyance in terms of agreement for sale in favour of plaintiff - Plaintiffs on the other hand was ready and willing to pay balance sale consideration - Defendant no.1 though entered..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Legally recoverable debt - Rebuttal of presumption - Accused need not enter into witness box by letting evidence - Accused can rebut evidence of complainant in cross examination...........
Evidence Act, 1872, Section 114 -- Adverse inference - Failure of defendants to enter into witness box and offer themselves for cross-examination by other party results into an adverse inference being drawn against defendants by Court, more particularly when there is no other evidence available on record to prove issue in question and additionally when plaintiff duly..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 4 -- Exhibition of document - Certified copy of deposition of defendant in evidence, who deposed as PW1 in other case, sought by plaintiff on his behalf - Said certified copy is a part of record of Court, certainly there is a presumption of authenticity including its contents and basing on the proceedings before Court..........
Civil Procedure Code, 1908, Order 18, Rule 3A, Evidence Act, 1872, Section 120 -- Husband appearing as a witness of wife in pursuance of S.120 Evidence Act - Wife can be permitted to examine herself as a witness at a later stage, inspite of the fact that she authorised her husband to enter into witness box and depose as her agent...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - Right of principal to enter witness box is not lost, moreso when his evidence is not closed, even when power of attorney holder is examined as a witness, as power of attorney holder has a limited right to depose and he cannot be permitted to depose on behalf of the principal for the acts done by..........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption - Governing principles - Summarised : (i) once execution of cheque is admitted, S.139 of the Act draws presumption that cheque was in discharge of any debt or other liability; (ii) presumption u/s 139 is rebuttal presumption and onus is on accused to raise probable defence. The..........
