...suggestions and these suggestions are not supported by any evidence. I do not consider that much notice need be taken of them. As regards the medical evidence I find that on the whole it does support the case...learned Magistrate has not weighed the evidence as he should have done. He contends that in weighing the evidence the learned Magistrate should have taken into consideration the suggestions made and...suggestions were not accepted. Had the defence given some evidence and had the learned Magistrate not discussed it, the petitioners would have had legitimate grievance. The defence has merely made...

...sure evidence. Mere allegations, vague suggestions and insinuations are not enough. All particulars of the charge brought out, if believed, must be weighed by the Tribunal and a conclusion should be...examine the evidence in the domestic enquiry in order to find out whether a prima facie case was made out or if the findings are perverse. The Tribunal was not, however, competent to reappreciate or...other, as may be applicable in a particular case, the tribunal does not sit as a court of appeal, weighing or reappreciating the evidence for itself but only examines the finding of the enquiry officer...

...by evidence and those that are not and also that the attention of the jury has not been drawn to the direct evidence rebutting these suggestions.But though there was this misdirection...place for a night. The serious defect in the charge where it refers to the conduct of the police is that no distinction has been made between the suggestions put in cross-examination that are supported...this would not justify the reversal of the verdict of the jury unless this misdirection has in fact occasioned a failure of justice. We have therefore examined the evidence and our conclusion after...

...Tribunal did not adduce any evidence to counter testimony of Satpal. As per the settled position in law, the suggestions put to a witness are not a substantive piece of evidence. In the given scenario, it...of 25% whereas even if findings are affirmed that the present is a case of contributory negligence of the motor cycle driven by respondent No. 1 and other motor cycle driven by Sorabh (since deceased...would try to avoid accident and in the process, the vehicles involved in the occurrence are swerved to different directions, reflected in the site plan prepared by police later in point of time. This...

..., unless admitted, are not evidence and cannot be relied on in negativing the case of a party to whom the suggestions were made during his cross-examination. In the circumstances, in our view, the...position in law, it would be wrong not to permit the tenant to contend and show, if possible, on plaintiff's evidence and materials as are on record, both at the trial and also at the appeal stage, that the...plaintiff is not entitled to the decree prayed for, though he would not be permitted either to cross examine plaintiff's witnesses, when they give evidence, or to call his own witnesses at the trial...

...hence the evidence on the side of P.W.1 was closed. Hence, the petitioner filed an application to recall and reopen the evidence of P.W.1. He submits that if such suggestions are not permitted to be put, the petitioner would be put to irreparable loss, as he could not able to dislodge the evidence of...therefore, does not warrant any interference by this Court. 4/6 5. Accordingly, these Civil Revision...

...suggestion as to Nageshwar Rao and Chepu Chennaiah setting up the trap to implicate the accused seems to be very far-fetched. All the remaining abovementioned suggestions are not adduced by any direct or circumstantial evidence, as...that the evidence of DW 1 and DW 2, who are subordinates to the respondent-accused, would naturally be in support of their colleague.8. The learned counsel appearing for...and his evidence cannot be accepted without corroboration.9. We are of the opinion that the case of the prosecution depends on the testimonies of PWs 1, 2, 7 and 8. PWs...

...some suggestions to the C.Ws, which they denied firmly and as such, whatever they stated in their examination-in-chief on affidavit have remained credible and intact as suggestions are not legal evidence. 18...driving of the deceased and as such the claimants are not entitled to get any compensation. It was further stated that the liability of the appellant if any, is subject to the terms and conditions of...control the respective vehicles, care and caution exercised for avoiding the collision etc. are material considerations on the touchstone of evidence. In such a case, the evidence must show an act or...

...testified that respondent No. 1 had committed a lapse and sought forgiveness as was done for Megdalena by Christ. The evidence of both these witnesses does not inspire confidence. Suggestions are given to them that they are on inimical terms with father of respondent No. 1. Learned Judge of the Family Court has rightly pointed out that even if the evidence of these witnesses is accepted, their evidence does not prove...her father, the petitioner admitted that she is living adulterous life. Suggestions in this behalf are denied by respondent No. 1 and her witnesses. Witness No. 3 for respondent No. 1-Dattu Ranpise has...respondents 1 to 3.2. Briefly stated, petitioner and respondents are inter-related. Respondent No. 1 is the daughter of maternal uncle of the petitioner. Their marriage was solemnized...

...weapons mentioned in the FIR and the weapons that are referred to in the evidence of the witnesses. That apart, it has been urged that certain suggestions could not be given. The marrow of the grounds...establishing certain discrepancies; and also to be given certain suggestions. We are disposed to think that this kind of plea in a case of this nature and at this stage could not have been allowed to be..., certain important questions and suggestions with respect to their individual roles and allegations, could not be satisfactorily put to the prosecution witnesses in question...

...paragraph-15 of the - 3 - judgment of the trial Court and those suggestions are denied, but did not choose to lead any defence evidence to...suggestions were made and the same are denied. But the accused not led any defence evidence to rebut the same under Section 139 of NI Act and in the absence of rebuttal evidence with regard to the cheque was...urged to before this Court are that both the Courts below have lost sight of the fact that the very ingredient of the said offence are not proved by the complainant and the finding of trial Court and...

...prosecution by the pleader for the appellants in cross examination and that the learned Judge had refused to admit those suggestions in evidence. That was perfectly correct as the suggestions had not...been accepted by the witnesses for the prosecution. There was no evidence put before the Court or the jury. Mere suggestions by a pleader or advocate for the accused do not amount to evidence of the...length, with several suggestions made on behalf of the accused about which there was not a scrap of evidence before the jury. He has gone out of his way to admit even suggestions such as these to be...

...defendants to the witnesses of the plaintiff clearly implies that the property was inherited by the vendor from his father, as the said suggestions are that the property had been partitioned. The appellate Court could not have ignored the oral evidence, which...trial Court and dismissed the suit. It was held that the plaintiff had not led any documentary evidence to show that the plot was owned by their father Balwant Singh and was inherited by the plaintiff...documentary evidence has been produced, it could not be held, merely from the statement of the plaintiff and other oral evidence produced, that the suit property was owned by father of the plaintiff and the...

...reasonable doubt. Mere denial or suggestions are not sufficient to dislodge the cogent and reliable evidence led by the prosecution. 13. Accordingly, this Court finds no...going towards the girls' make-up room, both of them beat up Prakashmani on account of which he suffered a serious injury near his eye and a fracture in his hand. On being asked not to do this, they...were tried under section 313 of the CrPC, they declared themselves innocent and that they had been falsely implicated and refused to give evidence in their defence. 5. In...

...out that there was no serious challenge to the evidence on behalf of the claimants in the course of the cross examination. He pointed out that mere suggestions are not sufficient to dispel the evidence, both...any serious challenge, both, to the oral evidence as well as to the documents produced on behalf of the claimants, we do not find that there was any further necessity to produce bank statement or any..., the learned Counsel, did not urge that there was any mistake in the further calculations made by the Tribunal. The further calculations, according to us, are in terms of law laid down by the Hon'ble...

...otherwise, those suggestions are not sufficient to destroy the case of the Plaintiffs. 8 In my view Plaintiff has proved his case by leading evidence. The evidence of the attesting...regard to the suspicious circumstances/ surrounding circumstances in absence of any contra material on record, except the suggestions so put which are not sufficient to discard the case of the Plaintiff...examination-in-chief as ordered on 21st February, 2009 by the Court. The Defendant did not lead any evidence. 5 Issue No.1 & 2:- The issue so framed casts burden upon the Plaintiffs to...

...further submit that if the suggestions are not permitted to be put, the petitioners would be put to irreparable loss, as he could not able to dislodge the evidence of P.W.1. He submits that the learned...could not able to cross-examine the P.W1 on the said date. However, without considering the nature and stage of the suit, the learned trial Judge closed the evidence on the side of P.W.1. He would..., unenforceable and not binding on the respondent/plaintiff along with consequential reliefs. 3.During the course of trial, the petitioners/defendants had filed an application in I.A.No...

...period, all the suggestions are denied by the complainant. The petitioner has not placed any evidence to show that he had repaid the amount of Rs. 1,50,000/- to the complainant.8. It is...reply from him, a complaint was presented under Section 200 of the Cr.P.C3. The trial court, after the petitioner pleading not guilty, recorded the evidence of the complainant as P.W.1 and...the bank, was not honoured. Issuance of notice to the petitioner and receipt of the same is not in dispute. No rebuttal evidence is placed by the petitioner to show that be had cleared the loan of Rs...

...Ops through the affidavit evidence of OP.No.2 but not produced any documents. It is settled law mere suggestions and denial are not evidence unless they are corroborated by documentary evidence. OP.No...complainants have been prepared by the Government Officials while discharging their Official duties. Admittedly Ops have not produced any contrary evidence to show that all these documents are concocted. Among...from Ops and the electricity main line poles are fixed in the lands of Kallappa Ramappa Odiyear and complainant lands. The main line wires through which the power is passing are not in proper way, they...

...any documents. It is settled law mere suggestions and denial are not evidence unless they are corroborated by documentary evidence. OP.No.2 in his affidavit evidence as well as in the objection.... Admittedly Ops have not produced any contrary evidence to show that all these documents are concocted. Among the documents produced by the complainants, the document produced by filing memo by the...Odiyear and complainant lands. The main line wires through which the power is passing are not in proper way, they are passing in dangerous and hazardous manner to the crops and as well as the inmates of...