Evidence Act, 1872, Section 114, Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Plaintiff not entering the witness box - Plaintiff must prove facts within his personal knowledge by appearing in witness box - Statement of Power of Attorney qua such facts not admissible - In such a situation an adverse inference has to be drawn against plaintiff...........
Evidence Act, 1872, Section 114 -- Plaintiff not entering the witness box as its own witness - No onus cast on plaintiff - Admitted facts need not be proved - Oral evidence of PW1 sister-in-law of plaintiff is sufficient who is well acquainted with the facts of the case - Held, case of plaintiff not affected in any way for his non examination...........
Evidence Act, 1872, Section 114 -- Adverse inference - Plaintiff abstaining or keeping himself off the witness box - An adverse inference has to be drawn...........
Evidence Act, 1872, Section 101, 114 -- Burden of proof - With holding of best evidence - Adverse inference - Sale deed - Challenged in civil suit - Sale deed produced and exhibited on record - No objection raised - Contention that scribe or attesting witness of sale deed not examined, contents of sale deed and passing of consideration not proved. Held - Sale deed proved..........
Evidence Act, 1872, Section 114 -- Plaintiff - Not entering into witness box - Adverse inference can be drawn - However Court must consider other oral and documentary evidence available on record and if from that record it is proved that plaintiff has discharged the onus which lay on him then mere abstention of plaintiff himself from the witness box may pale into..........
Evidence Act, 1872, Section 3, 114 -- Defendant appeared as a witness - As his defence was struck off as such his statement discontinued and closed - Plaintiff had no opportunity to cross examine the defendant - Incomplete evidence cannot be treated as evidence and no adverse inference can be drawn due to absence of cross-examination...........
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...........
Evidence Act, 1872, Section 114 -- Witness of plaintiff admitting that plaintiff had with him the record of property - Record not produced - Held, failure to produce record raises presumption that had record been produced, it would not have supported plaintiffs case...........
Evidence Act, 1872, Section 114 -- Suit for specific performance - Plaintiff not himself appearing as a witness - Absence of any valid explanation - Court is entitled to draw an adverse inference against him...........
Specific Relief Act, 1963, Section 16(c), Evidence Act, 1872, Section 114 -- Suit for specific performance - Plaintiff himself not appearing as a witness - Absence of any valid explanation - Court can draw an adverse inference against him - Evidence on record not sufficient to prove that the plaintiff was always ready and willing to perform his part of the contract - No..........
