Showing : 21-30 of 106 Results

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,..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 138-- Summoning of defendants for cross-examination - Defendant did not enter witness box - Question of their cross examination does not arise - Normally witness has to be examined in chief and it is followed by cross examination - In the absence of examination-in-chief, question of cross-examination of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Rent and eviction-- Sub tenancy - Fact that sub tenant was carrying on business from suit premises was admitted by him when he stepped into witness box - This fact is supported by photographs on record - Trial Court after appreciating evidence passed eviction order on the ground of sub-tenancy, which is affirmed in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13-- Eviction - Personal necessity - Landlady not entering witness box - Proof of personal necessity through her husband, power of attorney - Held, personal necessity can be proved by PW3 being husband of landlady and head of family, as he knows the needs of family and under his guidance, all affairs..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 34, 364, 201-- Murder - Circumstantial evidence - Motive and last seen evidence - Mother of deceased alleged in the FIR that one `R' who first of all informed that deceased was lastly seen with co-accused on a tractor, but neither name of accused was mentioned in FIR nor said `R' was produced by prosecution as a..........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 11-- Murder - Plea of alibi - Prosecution proved its case from the circumstantial evidence on record and conduct of accused showing his motive to commit the murder of deceased - Post mortem report of deceased duly exhibited and proved even in the absence of Doctor having appeared in witness box - Plea..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 114, Civil Procedure Code, 1908, Order 3, Rule 1, 2-- Plaintiff not entering the witness box - Plaintiff must prove facts within his personal knowledge by appearing in witness box - Statement of Power of Attorney qua such facts not admissible - In such a situation an adverse inference has to be drawn against plaintiff...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 23-- Admission - Made by a party is a substantive piece of evidence by fact, which was duly admitted during course of civil Court decrees passed in which defendants themselves were beneficiaries - Such admission is always admissible in evidence irrespective of whether party making the same appears in..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Application for grant of permission - Contents of application - Can be established only when party is permitted to enter witness box and is subjected to cross examination - Veracity of statement made by the party seeking permission to lead secondary evidence has to be tested..........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 306, 498A-- Abetment of suicide - Cruelty - Death by consuming poison - No evidence on record that accused or any of his relative abetted the commission of suicide by deceased or subjected her to cruelty - Nobody even see the deceased consuming poison - No effort was made by any of the witnesses to call the..........

Showing : 21-30 of 106 Results