Civil Procedure Code, 1908, Section 151, Order 16, Rule 14, Evidence Act, 1872, Section 114 -- Plaintiff not appearing as his own witness - Defendant cannot compel plaintiff to examine himself as a witness - It is prerogative right of plaintiff to examine any witness - However, defendant can insist upon Court to draw adverse inference for non examination of plaintiff as..........
Evidence Act, 1872, Section 114 -- Adverse inference - If a party possesses best evidence/witness on any point, but does not produce same, adverse inference will be drawn against him, that had such witness been produced, he would have deposed against the interests of such party...........
Indian Penal Code, 1860, Section 392, 506, Evidence Act, 1872, Section 114 -- Robbery - Non-examination of material witness - Adverse inference - Complainant failed to produce his son as witness in presence of whom accused looted Rs.22,000 from him - Adverse inference has to be drawn against complainant - Moreso, contradictions were shown in the statement of eye witnesses..........
Evidence Act, 1872, Section 114 -- Adverse inference - If a party possesses best evidence/witness on any point, but does not produce the same, adverse inference will be drawn against him, that had such witness been produced, he would have deposed against the interests of such party...........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 114 -- Cruelty - Demand of car - Allegation that father of complainant financed the car - Nothing on record that car was financed by father of complainant and from which bank or finance company - More so, father of complainant not produced in the witness box - Adverse inference drawn against prosecution for..........
Evidence Act, 1872, Section 114 -- Adverse inference - Recovery suit - Non-issuance of reply notice demanding payment, raises a very serious doubt on the stand taken in written statement as to no, supply of goods by plaintiff - Adverse inference against defendant's conduct drawn...........
Indian Penal Code, 1860, Section 373, 34, Evidence Act, 1872, Section 114 -- Buying of minor for prostitution - Non-examination of material witnesses - Adverse inference - In the instant case, PW2 & 3 who were material witnesses did not support the prosecution story and declared hostile - Even, other material witnesses were not examined though they were readily available..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Tape recorder given by raiding party to complainant - Complainant forget to turn on the tape recorder - No adverse inference can be drawn when prosecution is able to otherwise prove its can on the basis of clinching evidence...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession, recovery of mesne profit and damages against son and daughter-i, law - Plaintiff exclusive owner of suit property which fact not denied by defendant - Even permissive user of suit premises not disputed by defendant - Except for bald and vague denials, defendant has not taken any..........
Evidence Act, 1872, Section 114 -- Adverse inference - Will - Genuineness of Will has to be established by plaintiff - Merely because defendant has not given oral evidence to this regard, adverse inference cannot be inferred against him - Plaintiff cannot take advantage of the same...........
