Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Accused did not disputed his signature in cheque except that it was issued as blank to one person - However, defence case was not probabilised in any convincing manner - Even no rebuttal evidence was adduced by accused - Complainant proved that cheque was issued in discharge of a legally enforceable..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Additional evidence in rebuttal - Where there are several issues and burden of proof of some of which lies upon defendant, plaintiff who is conscious of this lis and alive to matter in issue can adduce evidence in entirety vis-a-vis all issues including those onus of proof of which is upon defendant or having..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Can be made with reference to the evidence of prosecution as well as of defence...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Not permissible on an issue the burden of which was on plaintiff in affirmative...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Opportunity to plaintiff to lead evidence in rebuttal could be granted only qua those issues where burden of proof lay upon defendants and where plaintiff had reserved his right of rebuttal in absence of which his right of leading evidence in rebuttal stands extinguished...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 324, 452, 148, 149, 506 -- Summoning of Doctor - To prove Radiological Reports - Doctor conducted radiological examination of injured - However, doctor was not cited in list of PWs by I.O due to oversight and omission could not be noticed by Assistant Public Prosecutor at the time of..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence - Rebuttal - Recall of witness - Plaintiff examined patwari but he failed to bring official record with respect to khasra girdawari and pedigree table and for this plaintiff cannot be found fault with - At rebuttal stage, application has been made in time to examine concerned daftar kanungo who will bring..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Allegation that wife indulged in sexual activities with one person - Said fact is proved from contents of DVD, as produced by husband, which was placed in room of wife by husband - Said recordings of DVD shows that wife had sex with said person in the absence of husband not only on one..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan - Accused admits that cheque has bounced on account of not sufficient funds in his bank account - However, accused not given any reply to legal notice - Defence of accused that on very same day he went and told complainant that he has not issued such notice cannot be accepted - Accused cannot..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Where factum of Will in terms of its execution was proved only in defence by leading evidence, even if factum of Will was in the knowledge of plaintiff from very beginning still plaintiff was not supposed to lead evidence in negative to prove Will was not genuine - It is only after evidence led by..........
