Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - If signatures on cheque is admitted, statutory presumption u/s 139 of the Act stands activated and accused is obligated to rebut the presumption before burden of proving existence of debt or liability shifts to complainant - However, accused need not adduce direct evidence..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Complainant contended that cheque issued for purchase of food article chilly - However, no evidence produce on record by complainant pertaining to purchase of said food article - Statutory presumption is duly rebutted, as defence is more than amply probablised on touchstone..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Right of beginning - Pre-condition for invocation of O.18.R.3 CPC is that there must be several issues, the burden of proving some of which lies on the party beginning...........
Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 25 -- Custody of child given to mother with visitation rights to father - Validity - Serious allegations were made against mother by father - However, since father not appeared rather no evidence led by him before trial Court, there being no rebuttal to evidence led by mother,..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Will produced for the first time in defendant's evidence - Plaintiff did not get any chance to lead evidence on issues - Had the original Will been produced along with list of documents filed with written statement, plaintiff would have led evidence on all the issues including the one, onus of which was..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Previous award in respect of village `J' was relied upon by High Court in reducing compensation - No application was moved U.O.41.R.27 CPC for taking on record the said previous award - It is thus, necessary to move an application for additional evidence and opportunity of rebuttal has to be..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Agreement to sell - Suit for possession - Specific denial of agreement to sell by defendant - Plaintiff failed to discharge his onus in view of specific denial of defendant - More so, he has not reserved any right to lead rebuttal evidence while closing his evidence in affirmative - Hence, plaintiff cannot..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal - Plaintiff cannot be permitted to lead evidence in rebuttal to prove facts required to be established in affirmative - Some paras of the affidavit filed in rebuttal ordered to be deleted/struck off and consequently documents marked as exhibits in these paragraphs would automatically be taken out of consideration...........
Land Acquisition Act, 1894, Section 23, Civil Procedure Code, 1908, Order 41, Rule 27 -- Acquisition of land - Determination of compensation - Consideration of previous awards/judgments - At the stage of appeal if award/judgment has to be read in evidence an application has to be filed U.O.41.R.27 CPC, to take additional evidence on record and if it is allowed opposite..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Examination of expert in rebuttal evidence after closure of evidence - Cross examination of PW3 was allowed after closure of evidence which necessitated examination of expert in rebuttal - Held, plaintiff could exercise his discretion to examine any further witness after taking into consideration the facts elicited in cross..........
