Medical negligence -- Cerebral haemorrhage - Surgical procedure craniotomy performed which was standard procedure as recognized by the medical science - Surgeon who did the surgery is a qualified and experienced surgeon - Doctor who examined and treated the patient before and after the surgery was highly qualified and experienced neuro physician - The condition of patient..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Producing document by plaintiff at the stage of arguments - Documents certified copies of Court proceedings - Formal proof of documents not sought - Allowed - Defendant allowed to produce documents in rebuttal - Held further, plaintiff will not be entitled to formally ask for exhibiting those documents and for..........
Civil Procedure Code, 1908, Order 41, Rule 28, 29 -- Additional evidence - It is necessary to grant opportunity to the contesting party to adduce rebuttal evidence, if so desired - Additional issues framed are only consequential questions and depend upon answers to issues already framed - Faming of two fresh issues by appellate Court, not proper...........
Negotiable Instruments Act, 1881, Section 139 -- Presumption - Rebuttal - Presumption need not be rebutted only by leading defence evidence - Presumption can be rebutted even on the basis of fact elicited in the cross examination of the complainant...........
Civil Procedure Code, 1908, Section 151 -- Additional Evidence - Suit at the stage of rebuttal evidence - Plaintiff moved application to produce certain documents by way of additional evidence - Authenticity of documents not disputed/doubtful - Allowed to produce documents in additional evidence, subject to payment of costs - Defendant given opportunity to rebut additional..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Standard of proof in discharge of the burden is preponderance of a probability - Inference can be drawn not only from the materials brought on record but also from the reference to the circumstances upon which the accused relies upon - Burden of proof on accused is not as..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - It is for drawer to rebut presumption - In absence of rebuttal evidence, it is to be presumed that cheque was issued for discharge of debt or other liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Rebuttal of presumption as to issuance of cheque in discharge of legal liability - Complainant a businessman not producing any account to prove advancement of loan - Failure to produce even loan agreement - Presumption stands rebutted - To rebut presumption accused need not to lead positive..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff cannot as a matter of right lead evidence in rebuttal on issues, the onus of proof which is on them...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal of rebuttal evidence - Plaintiff examined expert to compare thumb impression on statement - Defendant examined expert to compare some thumb expressions - Plaintiff in rebuttal permitted by the High Court to examine expert with regard to thumb expression on one sale deed - Application by defendant to examine second..........
