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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Sandeep Jaglan – Appellant
Versus
Malik Petroleum – Respondent
| Table of Content |
|---|
| 1. plaintiff sued for recovery of dues. (Para 1 , 3) |
| 2. defendant disputed invoice reliability and vehicle ownership. (Para 5 , 7) |
JUDGMENT :
NIDHI GUPTA, J.
Present appeal has been filed by the defendant against the concurrent judgments and decrees of the learned Courts below; whereby the suit filed by the respondent/plaintiff for recovery of Rs.4,94,192.77P, has been decreed by both the Courts below.
2. Memo of appearance filed on behalf of the appellant in Court today is taken on record. Learned counsel for the appellant undertakes to file Vakalatnama in Registry within one week from today.
3. Brief facts of the case are that the plaintiff-Firm/respondent herein, is an authorised dealer of Indian Oil Corporation Ltd. and running a petrol pump for sale of petrol and diesel in retail on cash and credit basis. It was the pleaded case of the plaintiff that defendant/appellant had purchased diesel for his vehicles/Trucks during the financial year 2016- 2017 and 2017-2018 through his respective drivers. The defendant used to repay the outstanding amount from time to time. The defendant had agreed to pay interest @ 18% per annum for payments made 15 days after the due date. T
A court's respect for lower courts' factual findings limits appellate intervention unless legal errors are evident.
Entries in business accounts are relevant but insufficient alone to establish liability; plaintiffs must provide credible evidence to support their claims.
The absence of certification under Section 65B of the Indian Evidence Act, 1872, does not render computer-generated ledger accounts inadmissible, and the non-examination of the person who made entrie....
The burden of proof lies with the party asserting a claim, and in financial disputes, the production of books of accounts is indispensable. The failure to produce necessary accounting records or othe....
The prosecution must prove beyond reasonable doubt that the accused was engaged in illegal dealings for a conviction under the Essential Commodities Act.
The court upheld the validity of the sale deed establishing exclusive ownership despite competing claims, affirming that burden of proof lies on the party challenging the deed.
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