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Society Des Products Nestle S.A. and anr. Vs. Satya Prakash Maheshwari ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 135; Evidence Act, 1872 - Sections 58; Code of Civil Procedure (CPC) - Order 12, Rule 6 - Order 14, Rule 1

Reported in : LC2009(1)311

and penalize them for their forthrightness by awarding damages and the rendition of accounts.11. Section 58 of the Evidence Act clearly lays down that a fact which is admitted need not be proved. ' Similarly, Order 12 Rule … grant of damages as well as rendition of accounts qua the respondents. 'The Learned Single Judge referred to Section 135 of the Trade Marks Act, 1999 and came to the conclusion that as the respondent No. 1

Usha Shrikant Rege Vs. Gauri Gajanan Rege

Court : Mumbai

Subject : Land Acquisition

admitted statement. Admitted facts which are not to be proved under Section 58 of the Evidence Act which runs thus are: 58. Facts admitted need … and authenticated by Shrikant before the Notary Public as required by law under Section 85 of the Indian Evidence Act, 1872. A copy of the power of attorney of the deceased is produced along with original certificate of … presumption that it was executed and authenticated by Shrikant before the Notary Public as required by law under Section 85 of the Indian Evidence Act, 1872. A copy of the power of attorney of the deceased is

Kundurthi Ranganadham and ors. Vs. Puli Ragaiah

Court : Andhra Pradesh

Subject : Property

Acts : Transfer of Property Act - Sections 58; Evidence Act, 1872 - Sections 91 and 92

Reported in : AIR2004AP415; 2004(3)ALD629; 2004(4)ALT209

the interest the first defendant is entitled to enjoy the usufruct.28. Under Sections 91 and 92 of the Evidence Act: If there is a documentary evidence the oral evidence has to be excluded and the documentary evidence alone … that the lower Appellate Court failed to consider Ex.B-3 (Ex.A-1) in the light of the provisions of Section 58(c) of the Transfer of Properly Act. The lower Appellate Court has not considered the judgment reported in :

Chikka Venkatappa Vs. Papanna

Court : Karnataka

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 58; Mysore Agriculturists' Relief Act - Sections 5; Evidence Act - Sections 92

Reported in : AIR1965Kant297; AIR1965Mys297; ILR1965KAR20; (1965)1MysLJ141

or statement whit a view to decide the question, notwithstanding anything contained in S. 92 of the Indian Evidence Act, or in any other law for the time being in force. It is common ground that the Act … to the local area concerned and are not applicable to transactions entered into subsequent to such extension. That section empowers the Court to enquire into and determine the real nature of the transactions whenever it is alleged … the view, that the plaintiff could not claim the benefit of S. 58(c) of the Transfer of Property Act as the alleged oral agreement to

Yerram Krishna Rao, Vs. Muttamalla Narasamma -died Per Lr and Muttamal ...

Court : Andhra Pradesh

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 58; Evidence Act - Sections 91, 92 and 92(1); Code of Criminal Procedure (CrPC) - Sections 200; Code of Civil Procedure (CPC) - Order 34, Rule 7

Reported in : 2009(2)ALT631

is an anomalous mortgage. It is also contended by the learned senior counsel that Section 92 of the Evidence Act prohibits to adduce any evidence with regard to the intention of the parties when the contents of the … an anomalous mortgage and whether the transaction would be governed by Section 58[c] or 58[g] of the Transfer of Property Act, 1882?2) Whether extraneous evidence … aid of Section 92 and similarly Section 92 would be without the aid of Section 91. The two sections, however, differ in some material particulars. Section 91 applies to all documents, whether they purport to dispose of

Boraiah Alias Shekar Vs. State

Court : Karnataka

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1974 - Sections 293, 294, 294(1), 294(2), 294(3) and 311; Indian Penal Code (IPC), 1860 - Sections 29; Evidence Act - Sections 58

Reported in : 2003(1)ALD(Cri)951; 2003CriLJ1031

and expediency. This is also in consonance with the provisions of Section 58 of the Evidence Act which provides as under :'Section 58 : Facts … by this full bench and carefully perused the relevant provisions of the Cr. P.C. as well as the Evidence Act and also the several decisions which were brought to our notice by both the sides.5. Learned Addl. SPP … a certain category of documents which can be received in evidence without proof. The language of the two Sections viz., Sections 293 and 294 is distinct enough to admit of any mistake. Every document is required to

Jalal and Sons and Another Vs. Sita Bai (Died) by Lrs. and Others

Court : Andhra Pradesh

Subject : Tenancy

Acts : Indian Succession Act - Sections 63; Evidence Act, 1872 - Sections 58, 67, 68, 115 and 116; Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 - Sections 10(2), 12, 20, 22 and 24; Code of Civil Procedure (CPC), 1908 - Order 8, Rules 3 and 5; East Punjab Urban Rent Restriction Act - Sections 13;

Reported in : 2001(2)ALD547; 2001(2)ALT683

the admitted facts need not be proved and this principle applies to 'Will' also. He placed reliance on Sections 58 and 68 of the Evidence Act as well as Order 8, Rules 3 and 5 of Code of … title of petitioners 3 and 4 is bona fide. He further submits that under Section 68 of the Evidence Act any Will cannot be used as evidence until one attesting witness has been called for the purpose of

Manmohan Das and ors. Vs. BahauddIn and ors.

Court : Allahabad

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 52 and 100; Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 11 and 38 - Order 7, Rule 6 - Order 8, Rule 2 - Order 34, Rule 1; Limitation Act, 1908 - Sections 3 and 28 - Schedule - Articles 102, 110, 116, 131 and 132; Specific Relief Act, 1877 - Sections 39; Evidence Act, 1872 - Sections 58

Reported in : AIR1957All575

misconception of the law of admission.129. Learned counsel for the defendant strongly relied on Section 58 of the Evidence Act. To my mind this section has no application whatever to the facts of the present case. The doctrine … a provision to a party or its agent, the Act expressly and specifically stated so. Thus, e.g., in Sections 19 and 20 it is stated that limitation might be extended by an acknowdedgment or payment by a

Avtar Singh and ors. Vs. Gurdial Singh and ors.

Court : Supreme Court of India

Subject : Property

Acts : Evidence Act - Sections 58

Reported in : 2007(1)AWC434(SC)

any title, but the nature of the kind can form subject matter of admission. Section 58 of the Evidence Act postulates that things admitted need not be proved. It may be that in their Suit the respondents herein … that things admitted need not be proved - Appeal dismissed - INDIAN PENAL CODE, 1860 [C.A. No. 45/1860]. Sections 302 & 304, Part-II; [S.B. Sinha & Markandey Katju, JJ] Murder or culpable homicide not amounting to murder

D.N. Jeevaraju and anr. Vs. Sudhakar and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 6 Rule 17; Indian Evidence act - Section 58

Reported in : AIR2011SC1158

Dalpatram Ichharam alias Brijram & Ors. [(1974) 1 SCC 242], where the provisions of Section 58 of the Evidence Act, 1872, fell for consideration and after considering the earlier decisions of this Court on the subject, it was … in Nagindas Ramdas v. Dalpatram Ichharam alias Brijram & Ors. [(1974) 1 SCC 242], where the provisions of Section 58 of the Evidence Act, 1872, fell for consideration and after considering the earlier decisions of this Court