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 138 -- Allegation in Affidavit - Not an evidence - But it can become evidence when the person, who had sworn the affidavit, steps into the witness box to speak to the affidavit averment and then the opposite party had opportunity to cross examine him...........
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...........
Will -- Plaintiff alleged that testator was not in a sound and disposing state of mind at the time of execution of Will - Onus to prove lies on him - Plaintiff not even entering the witness box to swear that the Will is not genuine - Finding of fact by Courts on basis of evidence of attesting witness and scribe that Will was proved by defendant according to law - Neither..........
Evidence Act, 1872, Section 114 -- Non-appearance of party in witness-box and does not deny case of opponent - Suffers a great risk - Non-appearance gives rise to a strong presumption against the party...........
Evidence Act, 1872, Section 114 -- Plaintiff not coming in the witness box - Adverse inference - Held, adverse inference can only be drawn when there is no other evidence on record on the point in issue...........
Punjab Security of Land Tenures Act, 1953, Section 14A(i) -- Ejectment application for failure to pay rent - Tenants appeared as their own witnesses and made statements on oath that they had paid batai (rent) to land-lady - Land-lady did not appear in witness-box and controvert the assertion and only general attorney of land-lady stepped into witness-box - Plea that a..........
Civil Procedure Code, 1908, Order 16, Rule 21, 10, 11, 12 -- Witness keeping away after examination in chief - From a bare reading of O.16.R.21 it appears that the words `required to give evidence' used therein clearly indicate that the provisions as to witnesses shall apply to any party to a suit if he is required to give evidence or to produce documents by the other side..........
Evidence Act, 1872, Section 17, 18 -- Admission - A clear admission is a substantive evidence even though the party is not confronted with the statement - Where the party to the suit admits a particular fact in the witness box it need not be put to him again and it is admissible in evidence...........
