Evidence Act, 1872, Section 114 -- Best available evidence when not given, Court can draw an adverse inference...........
Evidence Act, 1872, Section 114, General Clauses Act, 1897, Section 27 -- U.P.C. is an accepted mode of postal communication and can only be discarded, if a party establishes that the receipt was obtained by fraud...........
Evidence Act, 1872, Section 114 -- Answers not given to questions put in cross examination - Court may draw adverse inference...........
Evidence Act, 1872, Section 133, 114(b) -- Accomplice - Evidence of an accomplice should ordinarily be corroborated by some other evidence...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent through private courier service - Presumption of service of notice is not available - Presumption of service of notice is available only when notice is sent by post, properly addressed, prepaying and sent by registered..........
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..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - Notice returned with endorsement that addressee did not claim the notice and the persons in occupation did not receive the intimation and not as 'No such addressee' - Presumption that addressee resides at that address is proper...........
Evidence Act, 1872, Section 114 -- Mere putting of signature does not amount to admission of execution of document - Admission as to putting signatures on a blank paper does not amount to admission of execution of document - Burden to prove does not shift on the person who subscribed signature to a blank paper - Evidence to be adduced by plaintiff will be less onerous than..........
Evidence Act, 1872, Section 114 -- Illus. (e) - Dispute as to the correctness of statement recorded in judgments and orders of Court - Settled principle of law that Courts bound to accept statements recorded in judgments and order as to what transpired in Courts - Party disputing correctness of statements recorded must call the attention of the Judge, when the matter is..........
Evidence Act, 1872, Section 114 - - Adverse inference - 15% arrangement was neither any part of the appellant's case, nor was it desiring to rely on the said state of facts - In the circumstances there was no obligation upon appellant's to produce any documents to prove the case put forward by the Canbank Mutual Fund - There was no situation in which adverse inference..........
