Showing : 61-70 of 106 Results

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...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Evidence-- Appreciation - Evidence of eye witness requires a careful independent assessment and evaluation for its credibility which is not to be adversely prejudiced making any other evidence, as the sole touchstone for the test of such credibility - Evidence must be tested for its inherent consistency and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Evidence Act, 1872, Section 114-- Adverse inference - Plaintiff abstaining or keeping himself off the witness box - An adverse inference has to be drawn...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 18, Rule 4-- Examinatio, i, chief - Affidavit - Witness is required to enter witness box to testify the contents of his respective affidavits - Affidavit does not form part of evidence unless deponent enters the witness box and confirms that the contents of the affidavit are as per his say and the affidavit is..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 18, Rule 4-- Examination-in-chief - Filed by way of affidavit - Failure to mention certain details in the affidavit - Does not preclude the plaintiff to enter the witness box to depose further - It also does not preclude the Court from permitting the plaintiff to lead further evidence of examination-in-chief..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 16(c)-- Willingness and readiness - To be adjudged from act, conduct and entire evidence - Agreement to sell - Suit for specific performance of agreement by vendee - Appearance before Sub-Registrar, notice to execute sale deed, filing of the suit for specific performance, statement in witness box averring..........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Quashing of complaint - Sought on ground that complaint not filed within time on the basis of first notice - Issue as to whether the first notice was served or sought to be served by the postman on the accused has to be decided on the basis of evidence and postman concerned..........

Showing : 61-70 of 106 Results