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J. B. PARDIWALA, K. V. VISWANATHAN
Nilima Das Gupta (Deceased) Through Its Lrs. – Appellant
Versus
On The Death of Abdur Rouf His Legal Heirs – Respondent
| Table of Content |
|---|
| 1. procedural background of the case (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 10) |
| 2. competency of witnesses under indian evidence act (Para 11 , 26 , 27) |
| 3. high court's reliance on section 120 (Para 12 , 13) |
| 4. need for proper framing of substantial questions of law (Para 16 , 17 , 18) |
| 5. remand for reconsideration by high court (Para 29 , 30 , 31) |
ORDER
2. This appeal arises from the Judgment and Order passed by the High Court dated 15-3-2021 in the Regular Second Appeal No.35/2013 by which the Second Appeal filed by the original defendant No.3(Respondent Nos.1 to 4 – herein) (the legal heirs of Defendant No.3) came to be allowed, thereby setting aside the Judgment and Order passed by the First Appellate Court in the First appeal No.57/2011 allowing the counter-claim of the appellant – herein (original Defendant No.1).
(b) for granting permanent injunction restraining the defendant not to dispossess the above named plaintiff from his bonafide land and house stated in the schedule 1 and 2 of the plaint an
(1) Competency of a person to testify as a witness is a condition precedent to admissibility and credibility of his evidence.(2) In civil proceedings parties and their husbands and wives are competen....
A non-litigating spouse can testify on behalf of their litigating spouse without needing a power of attorney, per Section 120 of the Evidence Act.
A witness must have personal knowledge of the facts to testify, and a son cannot testify in place of a parent but can provide evidence if knowledgeable.
The central legal point established in the judgment is the competency of a spouse as a witness in civil proceedings, as outlined in Section 120 of the Indian Evidence Act.
The competence of witnesses in civil proceedings under the Indian Evidence Act and the presumption of correctness of a case if a party fails to appear as a witness.
Civil Law – Land Issue - Seeking declaration of right, title and interest over said properties and cancellation of the sale deed – In all civil proceedings the parties to the suit, and the husband or....
A party who wants to appear as a witness in her own case, should so appear before any other witness on her behalf is examined, unless the court for reasons to be recorded, permits her to appear as he....
A Power of Attorney holder may manage proceedings but cannot testify on behalf of the principal for acts beyond their knowledge or where the principal must be cross-examined.
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