Supreme Court · 2007 INSC 1293 · Decided 13 December 2007

New India Assurance Company LTD. v. Nusli Neville Wadia and ANR.

Court
Supreme Court of India
Citation
2007 INSC 1293 · [2007] 13 S.C.R. 598
Case number
CIVIL APPEAL No. 5879/2007
Decided
13 December 2007
Bench
S.B. SINHA, H.S. BEDI (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Evidence Act Section 101; Constitution Article 12

Headnote

" . Public Premises (Eviction of Unauthorized Occupants) Act, 1971-ss. 4, 5 and 7-Proceedings under the Act-Dispute as to who c should begin to lead evidence in such proceedings-Held: Procedural aspect as to who should lead evidence first, may have to be determined on basis of issues arising which require production of positive evidence on part of the landlord, it would be for it to adduce evidence D first; more so in a composite application where evidence is also required to be led on quantum of damages to be determined by the Estate f - Officer-Interpretation of

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