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Showing posts with label documentary evidence. Show all posts
Showing posts with label documentary evidence. Show all posts
Wednesday, 24 April 2024

Whether the court can convict accused based on oral evidence without insisting on documentary evidence though available?

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 Basically prosecution case rests upon the documents in the form of registers and journals. First informant has inspected those documents an...
Tuesday, 19 October 2021

Can the plaintiff prove that his construction was before the datum line based on oral evidence without supporting documentary evidence?

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 As a legal proposition, Mr. Diwan may be right that if evidence of the witness goes unchallenged the court may accept it. But the question ...
Sunday, 9 September 2018

Whether production of documents can be allowed if no foundation for those documents is laid in plaint?

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 Shri Ghosh kept saying that defendants can cross-examine the witness on these documents and no prejudice will be caused to defendants.  ...
Saturday, 26 September 2015

When documentary evidence shall be preferred over oral evidence?

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 Oral evidence can also be taken into consideration but in the facts of this case, the best evidence is documentary evidence which has to ...
Tuesday, 28 July 2015

How to ascertain income of person who is doing labour work in absence of documentary evidence?

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 The appellant/claimant in his appeal further claimed that he had been earning [pic]10,000/- p.m. by doing vegetable vending work. The H...
Friday, 29 May 2015

Whether court can draw adverse inference when Important documentary evidence is withheld?

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Even if the burden of proof does not lie on a party the Court may draw an adverse inference if he withholds important documents in his p...
Wednesday, 19 February 2014

Whether court can consider documentary evidence at stage of temporary injunction without proof?

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The claim of temporary injunction, made by plaintiff needs to be considered by Court in view of the provisions laid down under Order XXXIX,...