Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Right of rebuttal to plaintiffs would be with respect to issues on which onus is on defendants and said right will have to be specifically reserved at the time of closing evidence in affirmative or at the stage prior to which defendants lead their evidence - In case no such right is reserved, then said..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - After closure of evidence of defendants - Once defendants claimed execution of receipt in written statement, onus to prove the same was on defendants - Plaintiff had every right to lead evidence in rebuttal as regards non-execution of receipt - However, since no right had been reserved nor was there any..........
Recovery suit -- Defendant was set ex parte - Only defence raised by defendant in written statement was that document admitting outstanding amount was not executed by an authorised person - However, apart from said document plaintiff has placed on record relevant invoices - Ledger statement relating to defendant shows a closing balance of Rs.2,21,40,895 - Memorandum of..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Closure of initial evidence - There is no statement of plaintiff closing his evidence - Plaintiff is entitled to lead evidence in rebuttal with respect to issue, onus whereof is on defendant...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff closed his initial evidence - There is no statement of plaintiff closing his evidence - Plaintiff in rebuttal evidence was allowed to examine handwriting expert - Plaintiff got receipt examined from handwriting expert - Now he is required to prove the same - Such evidence could be..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 239 -- Alteration/addition of charge - Alteration or addition of charge may be done by Court at any stage of trial even after closing all evidence, arguments or reserving the judgment subject to condition that there was omission in framing of charge or material brought on record leads the Court to form presumptive opinion..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Application filed by defendant after closing of his evidence in affirmative and when matter was fixed for rebuttal evidence and arguments - Documents now sought to be produced by defendant pertain to years 2001 and 2011 - Defendants were in knowledge of said documents, however, have chosen not to produce the..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Expert opinion - Will in question was produced by defendant after closing evidence of plaintiff - Since defendant has led expert evidence in respect of said will thereafter opportunity has to be granted to plaintiff to rebut said evidence - It is also not denied that plaintiff had closed his evidence only..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 138 -- Dishonour of cheque - Closure of further cross-examination of accused - Earlier on three occasions, cross-examination of petitioner was done and simply because he failed to appear on next date, his further cross-examination has been closed - Closing further cross-examination would mean that..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Court is vested with a broad and wholesome power to summon and examine or recall any material witness at any stage and closing of prosecution evidence is not an absolute bar...........
