Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence - Additional evidence cannot be lead in the garb of rebuttal evidence - There is difference between rebuttal evidence and additional evidence - Evidence in rebuttal cannot be lead to fill lacunas in evidence...........
Evidence Act, 1872, Section 57(6), 85, Power of Attorney Act, 1882, Section 2 -- Power of attorney holder - Unregistered power of attorney but authenticated by notary - Court is bound to presume that it was duly executed especially in the case of no rebuttal...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff filed application to adduce rebuttal evidence before defendants began their evidence - There are several issues in the suit and burden lies on defendants to prove some of the issues - Moreover, plaintiff already granted time to adduce further evidence - Rejection of application to adduce rebuttal..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - Rebuttal - Available, if same is rebutted on basis of cross examination of witnesses of complainant and other material evidence on record - It is not mandatory for accused to enter into witness box for purpose of rebuttal of presumption...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Mere denial or rebuttal by accused in reply notice is not enough to rebut presumption - Accused has to prove case by cogent evidence that there is no debt or liability...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff only led affirmative evidence with regard to issue Nos.1 & 2 relating to agreement to sell and part payment - It cannot be said that plaintiff had led evidence or produced evidence on specific issue of forgery contained in issue No.3, the burden of which was on defendant - Permission to produce..........
Criminal Procedure Code, 1973, Section 482, 311 -- Permissibility to led Additional Evidence - Validity - Application of additional evidence was filed by complainant after accused has already led his evidence in defence - During cross-examination accused raised a positive and categoric plea that cheque in dispute does not bear his signatures - Held, Complainant knowing..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Where plaintiff closed his evidence and did not reserve his right to lead evidence in rebuttal, he cannot be permitted to lead evidence in rebuttal qua which the onus was on him - However, in exceptional case, where plaintiff is not negligent in leading his evidence in affirmative, can be permitted to lead..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff has option to lead his entire evidence on all issues and in case he intends to lead rebuttal evidence or answer the evidence that is to be led by defendant as regards the issues the onus of proof is upon defendant, he shall have to reserve his right - Further, plaintiff shall have to exercise his..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - When there are several issues and burden of proof some of which lies upon defendant, plaintiff can adduce his entire evidence on all the issues including those onus of proof is upon defendant or having led the evidence in affirmative as regards issues the onus of proof of which is upon plaintiff himself,..........
