Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Court in exercise of its review jurisdiction, cannot re-appreciate evidence to arrive at a different conclusion even if two views are possible in a matter...........
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..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - If notice is issued to correct address of accused and if notice is not served due to the reasons assigned in returned legal notice, it is deemed that notice is served to accused in terms of S.27 of General Clauses Act r/w..........
General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Notice - Returned as unclaimed - When notice is returned as unclaimed, it shall be deemed to be served and it is proper service...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 15(c), Evidence Act, 1872, Section 114(g) -- Recovery of poppy straw - Burden of proof - Burden heavily lies on prosecution - Non-production of physical evidence would lead to a negative inference within the meaning of S.114(g) of Evidence Act...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Scope of review cannot be extended to re-appreciation of evidence led by parties before trial Court nor can High Court in exercise of its power of review sit over its own judgment regarding interpretation of a document...........
Evidence Act, 1872, Section 114(h) -- Presumption u/s 114(h) of the Act - Presumption is discretionary and not mandatory. (As per judgment of B.V.Nagarathna, J.)..........
Evidence Act, 1872, Section 114(h), 112 -- Adverse inference - Refusal to undergo DNA test of child by mother - S.114(h) of the Act has no application to a case where a mother refuses to make child undergo DNA test. (As per judgment of V.Ramasubramanian, J.)..........
Evidence Act, 1872, Section 114, 106, 120 -- None appearance of plaintiff as his own witness - Suit filed on behalf of Trust through its trustee/wife - Husband is competent enough to prove pleading of plaint being one of trustees of trust and also authorized to depose u/s 120 of Evidence Act - Non-appearance of wife being plaintiff witness in support of pleading of plaint,..........
Evidence Act, 1872, Section 114 -- Adverse inference - Suit for declaration and permanent injunction - Plaintiff himself not appeared in witness box to testify in support of plaint - Power of attorney holder of plaintiff has not even produced original Power of Attorney on record despite being afforded opportunities to produce the same - Photocopy of power of attorney..........
