Showing : 71-80 of 113 Results

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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Will-- Suspicious circumstances - Will in favour of one legal heir, excluding others - Recital in Will that legatee rendering service to testator - Legatee not appeared in witness box nor any of the witness deposed regarding rendering of service by legatee - No corroborative evidence of any special..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13B-- Eviction petition - Ground of personal necessity - Landlord not entering witness box and attorney deposing on behalf of principal - Held, attorney is competent to depose in respect of all matters except, the matters which are required to be done personally by the principal - Normal rule is that..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Service-- 240 days working in a year - Burden of proof is on the employee - Mere affidavits or self serving statements by employee is not sufficient - Burden is discharged only upon the workman stepping in the witness box and by adducing cogent evidence, both oral and documentary. (Industrial Disputes Act,..........

Showing : 71-80 of 113 Results