submitted that
until and less it can be clearly established by clinching
evidence that there was no possibility of anybody entering
the bed room ... make a show of theft. Such inference is
absolutely without any clinching evidence and squarely lies
in the realm of surmise and conjecture
however, neither the first defendant nor his legal
representatives have produced clinching rebuttal evidence to
substantiate their contentions. To counter this plea raised by
first ... measurements and in the process
31
has totally misread the clinching evidence adduced by the
plaintiffs. The grievance of the plaintiffs before this Court
such a case, both the Courts below should
have expected clinching evidence from Sankaran Pillai's side to prove the
genuineness ... that of the wife and the contrary should be proved by clinching evidence of
Sankaran Pillai group and that they failed to prove
appeal memo would strenuously argue and contend that the
clinching evidence on record adduced by plaintiffs would
clearly establish the physical possession of plaintiffs over ... rebuttal evidence led in by
defendants would outweigh the slender evidence which is
placed on record by the plaintiffs.
28
26. The rebuttal evidence
such a case, both the Courts below should
have expected clinching evidence from Sankaran Pillai's side to prove the
genuineness ... that of the wife and the contrary should be proved by clinching evidence of
Sankaran Pillai group and that they failed to prove
bearing PR.No.5A (new survey No.17).
Plaintiff has produced clinching evidence to
substantiate that her father was the absolute owner
and in lawful ... documentary evidence on record. If these
additional documentary evidence are taken on record,
then parties have to be again relegated to lead further
evidence which
clinch
the entire controversy between the parties. He would
conclude his arguments by contending that plaintiffs have not
adduced any cogent and clinching evidence ... evidence is not at all countered by the plaintiff No.2 and no
credible evidence is led in by plaintiffs to outweigh the
clinching evidence
Judge on issue Nos.1 and 2 is contrary
to the clinching evidence on record adduced by the
plaintiff. He would further submit to this ... both parties
have lead in voluminous evidence in the form of ocular
and documentary evidence. The ocular evidence led in
by both the parties
upon that piece of evidence only. So far as the instant case is concerned, the circumstantial evidence gets corroboration from evidence of extra judicial confession ... homicidal death and all the links in circumstantial evidence and evidence of extra judicial confession are clinching evidence to prove the culpability of accused
quasi-judicial authority that there is no conclusive or clinching
evidence to establish that TSK had received cash of Rs.237 crores from VKS
Digitally ... arrived at the finding that there is no conclusive or clinching
evidence to establish that TSK received cash of Rs.237 crores from VKS during
