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1 - 10 of 24 (0.35 seconds)The Code of Civil Procedure, 1908
Section 20 in The Companies Act, 1956 [Entire Act]
Section 201 in The Companies Act, 1956 [Entire Act]
Section 20 in The Code of Civil Procedure, 1908 [Entire Act]
Tomaso Bruno & Anr vs State Of U.P on 20 January, 2015
In this regard, reliance can be placed on the authority of Tomaso Bruno
& Anr vs State Of U.P on 20 January, 2015 by Hon'ble Apex Court. In
the present case, when the plaintiff questioned the entry in the extract of
the receipt register/dairy produced before the court, the onus had shifted
upon him only to prove the said plea and for the said purpose he could
have either served the notice u/o XII Rule 8 CPC upon the defendant no.1
to produce the relevant record or could have summoned the concerned
person from office of defendant no.1, who was dealing with the receipt
and return of the inter office memo, when the plaintiff was serving with
the defendant no.1. However, no such effort was made on behalf of
plaintiff and therefore, for his own fault, he cannot be allowed to plead
for drawing adverse inference against the defendants. Accordingly, I
come to the conclusion that the plaintiff has failed to prove that he had
submitted his claim of Rs. 7371/- with the officer of defendant no.1 and
therefore, no question arises for its determination by defendant no. 1.
Therefore, question no.3 is decided accordingly.