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..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - To rebut the statutory presumption, an accused is not expected to prove his defence beyond reasonable doubt as is expected in a criminal trial - An accused can either adduce direct evidence to prove the non existence of any debt or liability or could do the same indirectly..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Statutory presumption in favour of complainant stands rebutted because of inconsistent pleas of complainant...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife left the matrimonial home since 1989 - Explanation which was tendered/furnished by wife was not acceptable even to man of ordinary prudence - Even no evidence has come on record in rebuttal which support the justification tendered by wife - Ground of desertion on the part of..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Plaintiffs asserted that suit properties are joint family properties and not partitioned by metes and bound - Defendants on the other hand asserted that some of suit properties are their self acquired properties - In view of said categorical stand of defendants, they shall begin first - Only..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for partition - Defendants claimed two items in suit properties as their self acquired properties - In such circumstances it is defendants who would begin first - Plaintiff shall be obliged to lead evidence in rebuttal only after defendants lead its evidence in proof of its case...........
