Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Held, where onus of issue was on petitioner-plaintiff and in discharge thereof, she has already led evidence, after conclusion of evidence by defendants, petitioner-plaintiff cannot be permitted to rebut same...........
Negotiable Instruments Act, 1881, Section 138,139, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Legally enforceable debt - Rebuttal - Answers given by accused in his statement u/s 313 Cr.P.C. does not amount to rebuttal - Unless accused denies consideration and denies existence of debt or liability by examining himself as a witness during trial, it..........
Representation of the Peoples Act, 1951, Section 36(5) -- Proviso Election - State assembly - Validity of nomination - Objection to - Rebuttal of - Held, proviso to S.36(5) of the Act u, mistakably shows that Returning Officer has been vested with discretion to fix time to enable a candidate to rebut an objection to validity of his nomination paper - Such a discretion has..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption as to - Rebuttal of - Respondent accused has been able to make out a reasonable defence during trial in the Court below by bringing evidence on record to show that said blank cheque was given by him to Combat Drugs Limited and not to complainant - Held, once a reasonable doubt in prosecution..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Several issues - Evidence - Plaintiff cannot as a matter of right lead evidence in rebuttal on issues - Onus of proof of which is on him and the same is to be seen on facts and circumstances of each case - Petition dismissed...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Suit for specific performance - Comparison of thumb impressions of defendant with those on agreement to sell - Not permissible in rebuttal evidence when it was for plaintiff to prove valid agreement to sell by leading affirmative evidence...........
East Punjab Rent Restriction Act, 1949, Section 13 -- Bonafide requirement - Concurrent findings - Landlord specifically stated that demised premises is required by him for his personal use and occupation to supplement his needs after his retirement and also for use of his daughters who will be doing work of stitching in demised premises - Daughter denied need in cross..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Amendment sought connected with the dispute and relevant in deciding the matter - No prejudice will be caused to plaintiff in case proposed amendment is allowed as he will be entitled to lead evidence in rebuttal in accordance with law - Amendment allowed...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Examination of handwriting expert in rebuttal evidence - Execution of agreement denied - Onus to prove validity of agreement was on plaintiff - Held, plaintiff cannot be allowed to examine an expert in rebuttal evidence on an issue in which the onus of proof was on him - Order allowing rebuttal evidence,..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Right to rebuttal cannot be exercised unless the onus of an issue is upon other party and the party beginning reserved the right before the evidence of other party commenced...........
