Back

Best Law News is one of the leading multi-disciplinary law firms in India, managed by lawyers in and around India. The law firm is one of the top law firms in India and represents local clients.

Copyright By @ BestLawNews
FREE CONSULTATION +91 944-898-0142

Follow Us On:

Constitutional

114 Evidence Act- Adverse Inference Can Be Drawn Against Party Who Does Not Appear In Person To Depose: Supreme Court

17 Dec 2020 12:00 AM

The Supreme Court has observed that adverse inference can be drawn against a party who does not appear in person to depose. The bench comprising Justices RF Nariman, Navin Sinha and Krishna Murari observed thus while allowing appeal against the concurrent findings by the Trial Court and the High court dismissing a suit filed by plaintiff seeking the relief for permanent injunction.


In appeal, the court noted that the original defendant did not appear in person to depose, and be cross-examined in the suit and instead his younger brother deposed on the basis of a power of attorney. "No explanation was furnished why the original defendant
 
did not appear in person to depose. We find no reason not to draw an adverse inference against defendant in the circumstances", the bench said.

 

In this regard, the court noted the judgment in Iswar Bhai C. Patel vs. Harihar Behera, (1999) 3 SCC 457. In the said case, an adverse presumption has to be drawn against a party on the basis of principles contained in illustration (g) of Section 114 of the Evidence Act, for having not entered into the witness box and having not presented himself for cross-examination.


The court also noted that the plaintiffs had produced documents which were more than 30 years old, from their proper custody along with an explanation for non­production of the originals. It observed that they were rejected without any valid reason holding that there could be no presumption that documents executed by a public authority had been issued in proper exercise of statutory powers. "This finding in our opinion 9 is clearly perverse in view of Section 114(e) of the Indian Evidence Act 1872, which provides that there shall be a presumption that all official acts have been regularly performed. The onus lies on the person who disputes the same to prove otherwise.", the bench added. The court also referred to judgment in Lakhi Baruah vs. Padma Kanta Kalita, (1996) 8 SCC 357, which dealt with the admissibility in evidence of thirty years old documents produced from proper custody.


The bench, examining the evidence on record, observed that the title to the suit property was not disputed by the defendants and therefore the plaintiffs has, more than sufficiently established their lawful possession of the suit property.

 

CASE: IQBAL BASITH vs. N. SUBBALAKSHMI [CIVIL APPEAL NO.1725 OF 2010]

CORAM: Justices RF Nariman, Navin Sinha and Krishna Murari

COUNSEL: Sr. Adv Basava Prabhu S. Patil, Adv Purushottam Sharma Tripathi

Share :

Recent News

SC issues SOP for mentioning, efiling & video conferencing o...

The Supreme Court on Wednesday issued a circular providing a standard operating procedure for Advoca

Supreme Court Dismisses Plea Against Rajasthan Govt Order To...

The Supreme Court has on Sunday dismissed a plea challenging order of  High Court of Rajasthan

US visa policy that supports Indian talent is 'win-win' for ...

On Monday, External Affairs Minister S Jaishankar said that a United States visa policy that support

Creditors approve Jet Airways Resolution plan...

Creditors to Jet Airways have approved a resolution plan which will give the country’s oldest

Section 498-A being misused to implicate husband’s entire ...

Nowadays, women and their families have started making vague allegations against every member of the

India counters UN Rights Chief criticism on ‘Misuse’ of ...

On Tuesday, the Govt brushed aside remarks by United Nations high commissioner for human rights Mich

Delhi Court bars Yes Bank from selling Dish TV stake...

Private lender Yes Bank NSE 2.37 % has been barred from selling stake in Dish TV NSE -1.54 % India,

New labour code on Social Security has not been able to addr...

Three of the four labour code bills (the Code on Wages, 2019 had been passed last year), that compri

Loan moratorium issue: Supreme Court gives RBI, Centre, bank...

The Supreme Court today gave the RBI, the Centre and the banks a week’s time to file their rep