Evidence Act, 1872, Section 114 -- Question as to payment made by plaintiff - Defendant did not examine himself to controvert the oral evidence of plaintiff in this respect - Court can draw adverse inference against the defendant...........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Scope - Interference - Removal of encroachment from land of Municipal Council - Issuance and service of notice under respective Act for removal of encroachment - Finding regarding its validity given by lower Court, Nature of such finding - Only finding of fact - After considering oral testimony, as well..........
Easement Act, 1882, Section 15 -- Easement of way by prescription - Absence of pleading - Oral evidence adduced to prove the easement by prescription to be ignored...........
Easement Act, 1882, Section 13, 15, Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction restraining defendant from causing any obstruction in user of right of way - Agricultural land partitioned between real brothers - In partition deed itself the way granted to them for cultivation of agricultural lands allotted to their shares - Oral evidence in direct..........
Workmen's Compensation Act, 1923, Section 23 -- Compensation - Employer and employee relationship - Contract - Requirement - It is not necessary that there should exist a written order of employment to apply or attract the provision of the Act for grant of compensation - Such contract is express or implied, oral or in written...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Parties are not entitled to produce additional evidence at appellate stage, whether oral or documentary, unless they have shown that in spite of due diligence, they could not produce such documents and such documents are required to enable the court to pronounce proper judgment...........
Evidence Act, 1872, Section 92 -- Proviso (2) - When a document is silent, the existence of any separate oral evidence which is not inconsistent with the terms incorporated in the document, may be proved...........
Stamp Act, 1899, Section 35, 2(15), Registration Act, 1908, Section 17 -- Partition or memorandum of partition - Recitals showing that partition is effected by that document by specifying shares including payment of maintenance to mother and that no partition was done earlier by metes and bounds - Document not containing recitals that the parties have already taken..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Unnatural death with seven years of marriage - Conviction on the basis of letters - In letters it was no where mentioned that she was harassed on account of demand of dowry or that there was demand of dowry - Oral evidence also did not show if any demand for money or dowry was raised by any of..........
Civil Procedure Code, 1908, Section 100, Order 6, Rule 1, Succession Act, 1925, Section 74, 82 -- Pleadings - Court not to go beyond pleadings - Challenge as to genuineness of Will - Identity and description of subject matter - Not pleaded - Issue also net framed - Finding of first appellate Court that legatees were not entitled to claim ownership over property after..........
