Civil Procedure Code, 1908, Order 18, Rule 3, Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Appointment at the stage of rebuttal evidence - Plaintiff cannot seek appointment of Local Commissioner to collect evidence at rebuttal stage after closing his evidence - Application for appointment of Local Commissioner rightly dismissed...........
Registration Act, 1908, Section 17, Evidence Act, 1872, Section 114, 102 -- Registered sale deed - Executed by father of plaintiffs in favour of defendants - There shall be presumption in favour of defendants - Onus for rebuttal lay on plaintiff...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal of presumption - It is permissible for accused to rebut the same on the basis of evidence led by prosecution...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal of presumption - To rebut presumption on preponderance of probabilities, accused can point out contradictions/deficiencies in the evidence of prosecution - It is not necessary for accused to lead evidence in defence to rebut presumption...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Presumption can be rebutted even by evidence led by prosecution - Not necessary for defence to lead evidence to rebut presumption...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Legally recoverable debt - Rebuttal of presumption - Accused need not enter into witness box by letting evidence - Accused can rebut evidence of complainant in cross examination...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Jamabandis - Not produced due to lapse of counsel - Party cannot be penalized for lapse of his counsel - Jamabandis required for just and fair conclusion to decide legal rights of parties - Additional evidence allowed - Appellate Court to decide appeal itself after calling the report..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Closure of - Plaintiffs filed the applications U.O.40.R.1 CPC and S.45 of Evidence Act, which was also dismissed - They did not file applications immediately on closure of their evidence or when case for first time was fixed for rebuttal evidence - Even otherwise, plaintiffs failed to make out a case for..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Accused may adduce evidence to rebut the presumption - But, bare denial of passing of consideration and existence of debt, apparently would not serve the purpose of accused...........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption - Governing principles - Summarised : (i) once execution of cheque is admitted, S.139 of the Act draws presumption that cheque was in discharge of any debt or other liability; (ii) presumption u/s 139 is rebuttal presumption and onus is on accused to raise probable defence. The..........
