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Results of witness box evidence

Showing : 61-70 of 124 Results

GUJARAT HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s.139 - Rebuttal of - Standard of proof - Held, when an accused has to rebut presumption u/s.139 of the Act, standard of proof for doing so is that of "Preponderance of probabilities" - If accused is able to raise a probable defence, which creates doubt about existence of a legally..........

GUJARAT HIGH COURT

Year of decision: 2012
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Held, it is a rebuttable presumption and standard of proof for doing so is that of preponderance of probabilities - Therefore, if accused is able to raise a probable defence which creates doubts about existence of legally recoverable debt or liability, prosecution can fail - In order..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Suit for specific performance - Additional evidence - No explanation why certified copy of alleged agreement was not produced by plaintiff at appropriate stage of his evidence - Said agreement was well within knowledge of present plaintiff while plaintiff was leading his evidence - Held, only because defendant No.2 while..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2011
Details

Evidence Act, 1872, Section 65, 66 -- Adverse possession - Plea of - Tenability - According to defendant No.1, he is not in possession of disputed property - He has sublet the property to defendant Nos.2 and 3 - Defendant Nos.2 and 3 have never contested the suit - They have not appeared in witness box to support case of defendant No.1 - No document of tenancy under..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 18, Rule 4, Evidence Act, 1872, Section 137 -- Witness present for cross examination whose affidavit of examination-in-chief was tendered and opportunity to cross examine witness not availed - No prejudice caused to defendant if this witness did not enter the witness box...........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2011
Details

Evidence Act, 1872, Section 3, Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 91, Evidence Act, 1872, Section 114, Prevention of Corruption Act, 1988, Section 12, Prevention of Corruption Act, 1988, Section 12, Criminal Procedure Code, 1973, Section 340 -- Summons for production of documents - SP Vigilance conducting investigation - Summons for..........

MADHYA PRADESH HIGH COURT

Year of decision: 2011
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Impugned cheque signed by applicant - Cheque was returned dishonoured on the ground of non sufficiency of funds - Demand notice issued by respondent neither replied by nor the amount of such cheque was paid by him - In defence-statement applicant-accused stated that cheque was never handed-over..........

RAJASTHAN HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney - Statements of power of attorney on both sides could be read in evidence as the facts relating to sale transaction having taken place in front of them were in their personal knowledge and, therefore, no, appearance of plaintiff and defendant themselves in the witness box could not vitiate their respective..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Agreement to sell -- Suit for specific performance - Defendant/vendor not stepping into the witness box and evidence was given only by her husband - Whether insufficient? - Held, No - It is for the plaintiff who approaches Court to prove that he was ready and willing to perform the contact...........

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 and they have also signed the same in their presence and in the..........

Showing : 61-70 of 124 Results