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Showing posts with label rebuttal evidence. Show all posts
Showing posts with label rebuttal evidence. Show all posts
Tuesday, 31 December 2019

Delhi HC: A party upon whom onus lies to prove an issue cannot be permitted to fill lacunae in his own evidence by leading rebuttal evidence

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A perusal of the impugned order shows that the only reason given by the Trial Court is that the question of rebuttal evidence arises after...
Sunday, 11 November 2018

Whether appellate court can decree suit considering additional evidence without giving opportunity to other side to lead rebuttal evidence?

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 First, it took into consideration the additional piece of evidence while deciding the appeals on merits without affording any opportunity...
Sunday, 29 July 2018

Whether appellate court permitting production of additional evidence is bound to give opportunity to other side to lead evidence in rebuttal?

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Order LXI Rule 2 provides that the Appellant shall not, except by leave of the court, be allowed to urge any ground in the appeal, which i...
Saturday, 9 April 2016

Whether oral evidence will prevail over written contract in suit for specific performance of contract?

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The learned counsel for the appellant submitted that the Courts below have not considered circumstances that there is only oral evidence o...
Sunday, 26 July 2015

When plaintiff can be permitted to lead rebuttal evidence?

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 In any event, on going through the above extracts, it is evident that the respondent/ plaintiff has only led affirmative evidence with reg...