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Results of witness box evidence

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Showing : 61-70 of 128 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Agreement to sell -- Specific performance - Ready and willing - Proof - Plaintiff not entering into witness box to prove his readiness and willingness - No cogent explanation for not entering into the witness box - Held, a person who is in the knowledge of facts personally has to give his evidence on his own and nobody else can give evidence on his behalf - Adverse..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 - - Eviction - Bona fide requirement - Proof - Evidence on record shows that father of landlord is running jewellery shop in rented shop - Tenant also admitted in witness box that landlord has experience in business of jewellery - Held, bonafide requirement of landlord for running business of jewellery..........

DELHI HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 125 -- Grant of maintenance - Appeal for enhancement - Grant of maintenance at Rs.60,000/- P.M. in favour of wife - Contention of husband that wife was residing in matrimonial home and is providing food to wife - Wife had a plot of land 1,000 sq. yard, however said plot is not earning her any income - Possibility of sale of said plot..........

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..........

Showing : 61-70 of 128 Results