Civil Procedure Code, 1908, Section 114, Order 47, Rule 5, Calcutta High Court (Extension of Jurisdiction) Act, 1953, Section 3,4 -- Calcutta High Court (Appellate Side) Rules Chapter 10, 18 -- Review - Court consisting of two or more judges - Power of Chief Justice - Held, necessity of complying with the requirement of R.5 of O.47 of the Code has not been dispensed with..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2, Evidence Act, 1872, Section 114 -- Power of attorney - Husband being power of attorney, privy to all the facts in the knowledge of wife - Held, husband is competent to depose on behalf of wife...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Legally enforceable debt or other liability - Discharge of onus by accused - Held, accused can discharge onus by relying upon S.114 of Evidence Act while adducing evidence as to common course of natural events, human conduct and public or private business to prove no,..........
Evidence Act, 1872, Section 114(a), 27 -- Recovery of stolen property on disclosure statement - Time and nature of property is an important factor - If recovery is not in close proximity of time from the date of incident and recovery is either of cash, small things or vehicles which can be passed from one person to another without any difficulty then in that situation..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 114, Order 47, Rule 3 -- Civil court - Power to review & recall - Held, in absence of statutory provision, a civil court and other authority has no power to review its own judgments/orders - Court/authority, however, has inherent power to recall its judgment/order, if it is shown that same has been obtained by..........
Evidence Act, 1872, Section 114 -- Adverse inference - Intentionally withholding available material oral as well as documentary evidence - Adverse inference has to be drawn against that party...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8,106,114 -- Murder - Initial burden to prove guilt of accused is on prosecution - Facts within knowledge of accused need not be explained by accused - If accused does not explain those facts then there will be some missing links in chain of circumstances - These missing links can be inferred from proved..........
Evidence Act, 1872, Section 114, Prevention of Corruption Act, 1988, Section 20 -..........
Evidence Act, 1872, Section 114 -- Suit on the basis of Bahi entry - Non production of income tax returns - Not sufficient to non suit plaintiff as plaintiff produced original Bahi at the time of leading evidence and entries are reflected therein and income tax returns are submitted on the basis of Bahi entries - Bahi entries are the original record regarding transaction..........
Government Grants Act, 1895, Delhi Municipal Corporation Act, 1957, Section 114, 2(3), 119 -- Grant of license by Govt. to construct/erect petroleum installation building - On completion of construction licensee given exclusive possession of the same - Held, this raises strong presumption about tenancy in favour of licensee - Document in question though titled as license..........
