Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 5, Arms Act, Section 25 -- Notified area under TADA - A revolver loaded with 6 live cartridges found and seized - Possession of revolver in notified area shall be presumed to be for purpose of perpetration of a terrorist or disruptive Act - Presumption unrebutted nor any material on record for such..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Addressed to accused on his correct address returned unserved after waiting for seven days - P.W.1 in his evidence categorically stated that in all those seven days the respondent was very much in the town and he managed to send back the registered letter unserved on him - No rebuttal evidence on behalf of the..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Entire evidence led - Suit pending at the stage of rebuttal evidence - Interrogatories served at this stage - Once evidence has been led, there is very little to be recorded in evidence - Serving interrogatories then will not serve any purpose - Very purpose of interrogatories at this stage is frustrated...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories when entire evidence of parties has been led and suit listed for evidence of plaintiff in rebuttal - Very purpose of interrogatories at this stage is frustrated - Fishy interrogatories will not be proper - Order allowing interrogatories - Set aside...........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Plaintiff produced documents in rebuttal evidence - Defendant allowed to produce additional evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in a suit for specific performance - To incorporate averment that plaintiff was always ready and willing to perform his part of contract and had sufficient money to tender the same to defendants - Rights of defendant not affected by grant of such amendment - Suit at rebuttal stage of evidence - Amendment..........
Civil Procedure Code, 1908, Order 18, Rule 2(3) -- Rebuttal evidence - Will set up by defendant in his written statement - Onus on defendant to prove Will - Opportunity to plaintiff for rebuttal not given on ground that it was for the plaintiff to challenge the Will in a Court of competent jurisdiction - Held, this has caused prejudice to the rights of the plaintiff - Once..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Once the onus of issue was on petitioner, he has no right to lead evidence in affirmative...........
Civil Procedure Code -- Rebuttal evidence - Onus of issue on a particular party - That party has no right to lead evidence in rebuttal - Evidence Act, Section 135...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Permission sought to produce the Expert for comparison of writing of the alleged Will - Allowed by trial Court - Order upheld...........
