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High Court Quashes Trial Court Order Rejecting Secondary Evidence Application in Specific Performance Suit. Trial Court Directed to Permit Plaintiffs to Lead Evidence of Lost Agreement to Sell Upon Establishing Foundational Facts Under Section 65 of the Indian Evidence Act, 1872.

This writ petition under Article 227 of the Constitution of India was filed by the original plaintiffs against an order of the trial court rejecting t...

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Supreme Court Dismisses State Appeal Against Acquittal in Murder Case Based on Circumstantial Evidence and Tutored Child Witness. High Court's Reversal of Conviction Upheld as Prosecution Failed to Prove Foundational Facts for Section 106 of Indian Evidence Act, 1872.

The State of Madhya Pradesh appealed against the acquittal of the respondent-accused, Balveer Singh, who was originally convicted by the trial court f...

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Supreme Court Allows Donees to Lead Oral Evidence Contradicting Deed of Gift in Insolvency Proceedings Under Section 55 of Presidency-towns Insolvency Act, 1909. Section 92 of Evidence Act Held Inapplicable as Official Assignee Is Not a Representative in Interest of the Insolvent.

This appeal arose from proceedings initiated by the Official Assignee of Bombay under Section 55 of the Presidency-towns Insolvency Act, 1909, to decl...

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Bombay High Court Upholds Trial Court's Order Allowing Oral Evidence in Temporary Injunction Proceedings Under Order 39 Rule 1 CPC. The Court has inherent jurisdiction to permit oral evidence for just and effective adjudication of interim injunction applications.

The petitioner, Babulal Onkardas Kabra, was the original defendant in a suit filed by the respondents, Nilesh, Shailesh, and Rakesh Pukhraj Rathod, in...

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Bombay High Court Allows Husband to Lead Evidence First in Property Dispute with Wife — Order 18 Rules 1 and 2 CPC Interpreted. Husband Must Prove His Case as He Would Be Defeated if No Evidence Is Given, Given His Admission of Wife's Payment.

The case involves a property dispute between husband and wife. The wife filed a petition seeking a declaration that she is the sole owner of one of tw...

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High Court of Karnataka Dismisses Appeal Against Money Recovery Decree, Upholds Use of Photocopy Agreement as Secondary Evidence. Where Defendant Took Original Agreement to Procure Signatures and Did Not Return It, Photocopy Held Admissible Under Section 65, Indian Evidence Act, 1872.

The appeal arose from a suit for recovery of money decreed by the trial court. The plaintiff alleged that the defendants, representing themselves as o...