Evidence Act, 1872, Section 114 -- Adverse inference - Defendant contested the case but failed to enter the witness box or examine any witness and failed to send the document to hand writing expert to say that signature on document is not that of the defendant - An adverse inference has to be drawn against the defendant and the case put by him in the written statement to..........
Evidence Act, 1872, Section 114 -- Adverse inference - Non production of sale deed on which plaintiff founds its right - However, defendants produced a certified copy of said sale deed before trial Court - There is thus, no occasion for trial Court to draw any adverse inference against plaintiffs, when the suit is at an interlocutory stage, as document is otherwise..........
Evidence Act, 1872, Section 114 -- Adverse inference - Failure to produce a document, existence of which is not in dispute can hardly be a matter for drawing adverse inference...........
Evidence Act, 1872, Section 114 -- Presumption of truth - Courts below have found that plaintiff has not been able to prove plea of fraud - Signatures and thumb impressions on sale deed are admitted - There is photograph of appellant on sale deed - Sale deed is a registered document and registered sale deed has presumption of truth - Appeal dismissed...........
Civil Procedure Code, 1908, Order 11, Rule 21, Civil Procedure Code, 1908, Order 11, Rule 14, Evidence Act, 1872, Section 114 -- Striking out defence - On ground of no, compliance with order for discovery of documents - Suit for eviction - Held, for no, production of document or withholding material evidence, at the most an adverse inference can be drawn as per S.114,..........
Evidence Act, 1872, Section 114(g) -- Adverse inference - Non-production of document - Adverse inference cannot be drawn on the alleged ground of no, production of a document when in fact it was produced in Court and Court did not mark the same due to an objection that document was not properly stamped...........
Civil Procedure Code, 1908, Order 7, Rule 14, Evidence Act, 1872, Section 65, 114 -- Document in possession of opposite party - This circumstance can be used u/s 65 of Evidence Act to produce a certified copy of the document - If no copy is available, then non production of the document could be a matter of an appropriate inference to be drawn...........
Evidence Act, 1872, Section 114(g) -- Adverse inference - Non production of a document - No adverse inference can be drawn against a party for non production of a document unless notice is served and procedure is followed...........
Evidence Act, 1872, Section 114(g) -- Adverse inference - Court to draw adverse inference by taking into consideration the pleadings of the parties and by deciding whether any document/evidence, withheld has any relevance at all or omission of its production would directly establish the case of the other side - Court has to consider further as to whether the other side..........
Evidence Act, 1872, Section 114(g) -- Adverse inference - Document in possession of defendant - Plaintiff not permitted to have any inspection - Plaintiff did not submit any interrogatory statement or an application for making inspection or for production of the document - Held, in such a fact situation, it is not permissible for Court to draw any adverse inference against..........
