Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 114 -- Suit for ownership of land - Registered sale deed - Presumption of existence - Defendants claimed that original owner executed sale deed in their favour but they did not step in witness box to prove same - More so, alleged sale deed was never produced to show that the same was signed by original..........
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...........
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 witness box or not or whether such party..........
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 on the cross examination by the other side -..........
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 Doctor, which would have been a..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - Rebuttal - Available, if same is rebutted on basis of cross examination of witnesses of complainant and other material evidence on record - It is not mandatory for accused to enter into witness box for purpose of rebuttal of presumption...........
Indian Penal Code, 1860, Section 436 -- Mischief by fire - Setting complainant's hut on fire - Rivalry between parties - Unsatisfactorily explanation of delay of 2 days in lodging FIR - Contradictions and omission in the evidence of PWs and other examined witness turned hostile - Match box and kerosene cane not recovered - Held, on the sole count of unexplained delay of 2..........
Motor Vehicles Act, 1988, Section 147 -- Payment of compensation - Liability - Owner and driver failed to join proceedings and allowed themselves to be proceeded ex parte - Owner and driver moved an application of additional evidence 13 years after the appeal was filed - Driver at no stage stepped into the witness box - Owner was no, committal about driving license - Held,..........
Criminal Procedure Code, 1973, Section 225, 301 -- Examination of witness - Eye witness precluded from being examined as PW - Public prosecutor had chosen to put eye witness in witness box on behalf of prosecution but he was precluded from being examined as PW at the behest of privately engaged lawyer on behalf of informant - Purpose of no, examination of a particular..........
Criminal Procedure Code, 1973, Section 161 -- Statement of witness in Court not finding place in his statement recorded u/s 161 Cr.P.C. - Held, if evidence tendered by witness in the witness box is creditworthy and reliable, that evidence cannot be rejected merely because a particular statement made by witness before Court does not find place in the statement recorded u/s..........
