Showing : 51-60 of 100 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Will-- Execution of will - Statement of one of the attesting witnesses of the will, recorded in previous suit tendered into evidence - Scribe and Sub Registrar while appearing in the witness box stated that testator had signed/thumb marked the will in their presence and in the presence of other witnesses..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 114-- Party to the suit not entering into witness box - Attorney examined as a witness - Factum within personal knowledge of defendant himself - It was imperative for defendant to have himself stepped into witness box - Held, on account of non examination of a party as his own witness, very strong..........
DELHI HIGH COURT
Year of decision: 2010
Details
Hindu Marriage Act, 1955, Section 5-- Restitution of conjugal rights - Petition filed by husband - Wife denied even factum of marriage, but did not even bother to step into the witness box - Husband produced photographs showing essential ceremonies being performed - Petition allowed - Held, where the fact of celebration of marriage is..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 114-- Defendant not entering the witness box - No explanation whatsoever - Adverse presumption has to be drawn against the defendant...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 307, 34-- Attempt to murder - Common intention - Evidence that both the accused went to their house and fetched gun and main accused fired at the complainant - Neither any overt act warranting inference of common intention attributed to co-accused nor complainant stated anything about that while gaining..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 114-- Party to the suit not entering into the witness box - Adverse inference can be drawn against that party...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 101103-- Burden of proof - Failure to discharge - Effect of - None of the defendants stepped into the witness-box to controvert the testimony of plaintiff - Plea that adverse inference is to be drawn against them - Held, when plaintiff failed to discharge initial onus there was hardly any need for..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 145(2)-- Dishonour of cheque - Evidence on affidavits - It is not necessary to call the complainant or his witness who has given evidence on affidavit into the witness box for examination-in-chief to get the inadmissible portions in the affidavit excluded from his evidence - In case the complainant's..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Evidence Act, 1872, Section 106-- Party not entering into witness box - An adverse inference has to be drawn against him...........

Showing : 51-60 of 100 Results