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Results of witness box evidence

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Showing : 71-80 of 128 Results

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..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Evidence Act, 1872, Section 114 -- Party to the suit not entering into witness box - Attorney examined as a witness - Factum within personal knowledge of defendant himself - It was imperative for defendant to have himself stepped into witness box - Held, on account of non examination of a party as his own witness, very strong adverse inference arises against him...........

DELHI HIGH COURT

Year of decision: 2010
Details

Hindu Marriage Act, 1955, Section 5 -- Restitution of conjugal rights - Petition filed by husband - Wife denied even factum of marriage, but did not even bother to step into the witness box - Husband produced photographs showing essential ceremonies being performed - Petition allowed - Held, where the fact of celebration of marriage is established it will be presumed in..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Evidence Act, 1872, Section 114 -- Defendant not entering the witness box - No explanation whatsoever - Adverse presumption has to be drawn against the defendant...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2010
Details

Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Common intention - Evidence that both the accused went to their house and fetched gun and main accused fired at the complainant - Neither any overt act warranting inference of common intention attributed to co-accused nor complainant stated anything about that while gaining entry into the witness box in the..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Evidence Act, 1872, Section 114 -- Party to the suit not entering into the witness box - Adverse inference can be drawn against that party...........

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 defendants to have adduced evidence to rebut..........

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 examination...........

Showing : 71-80 of 128 Results