Evidence Act, 1872, Section 114 -- Party not entering into the witness box to state his own case on oath and not offering himself to be cross examined by the other side - A presumption would arise that the case set up by him is not correct...........
Evidence Act, 1872, Section 114 -- Party not entering into the witness box to make statement on oath in support of his pleadings - Adverse inference would be drawn that what he has stated in the pleadings is not correct...........
Evidence Act, 1872, Section 114, Specific Relief Act, 1963, Section 20 -- Illus (g) - Agreement to sell - Suit for specific performance - Written statement alleging existence of prior agreement to sell suit property to third party - Party making allegation not examining third party in whose favour prior agreement for sale is alleged to have been executed - Omission, held,..........
Evidence Act, 1872, Section 73, 114 -- Signature or writing for comparison - Court has jurisdiction to direct a party to give his signature or writing for the purpose of enabling the Court to compare them with the disputed writing or for sending it to Hand Writing Expert - Non compliance - It is open to the Court to draw a presumption under S.114 of the Evidence Act...........
Evidence Act, 1872, Section 114 -- A party in possession of best evidence, if keeps back such evidence, Court would be justified in drawing an adverse inference against that party...........
Evidence Act, 1872, Section 114 -- When a person is produced from police custody with bodily injuries, the Court has to presume that he was subjected to torture unless the Police is able to establish circumstances to rule out such an inference - The tortured person is entitled to compensation-damages...........
Evidence Act, 1872, Section 114 -- Adverse inference - Tenant produced photocopy of passport to show that he was out of country - Original not produced despite demand by Court- Adverse inference drawn against tenant...........
Evidence Act, 1872, Section 114 -- Statement in a judgment when not correct the remedy for the aggrieved party is to file a petition for review - Appeal can be entertained only if both parties agree that the statement is wrong...........
Evidence Act, 1872, Section 114 -- Registered letter sent on correct address - Presumption can be drawn that it is received by the addressee...........
Evidence Act, 1872, Section 114, Civil Procedure Code, 1908, Order 8, Rule 5 -- Failure of defendant to file written statement as well as failure to come to witness box - Adverse presumption of admission of fact alleged can be raised against party not leading evidence to deny fact alleged...........
