Malhotra v Dhawan

JurisdictionEngland & Wales
CourtCourt of Appeal (Civil Division)
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7 cases
  • Nihal Mohammed Kamal Brake v Duncan Kenric Swift (as trustee of the estates of Nihal Brake and Andrew Brake)
    • United Kingdom
    • Chancery Division
    • 13 July 2020
    ...that these books, if now forthcoming, would prove the truth of the statements contained in Rikey's evidence.” 219 In Malhotra v Dhawan [1997] 8 Med LR 319, CA, Morritt LJ (with whom Saville LJ and Sir Patrick Russell agreed) set out these passages from Gray v Haig & Son, and said that couns......
  • Flogas Britain Ltd v Calor Gas Ltd
    • United Kingdom
    • Chancery Division
    • 16 October 2013
    ...that the presumption is not of unlimited application and is subject to limitations. At [31] the Chancellor cited his own statement in Malhotra v. Dhawan [1997] Med LR 319 at 322 as follows: "First if it is found that the destruction of the evidence was carried out deliberately so as to hind......
  • Fulham Leisure Holdings Ltd v Nicholson Graham & Jones (A Firm)
    • United Kingdom
    • Chancery Division
    • 5 October 2006
    ...On the basis of the findings I am invited to make on this I am then invited to apply the remarks of Morritt LJ in Malhotra v Dhawan [1997] 8 Med LR 319 @ 322: "the Court should not be slow to make such inferences or assumptions against that party's interests as are consistent with other ava......
  • Jaswinder Singh Bahia v Inderdeep Singh Sidhu (as Personal Representative of the Estate of Tara Singh Sidhu)
    • United Kingdom
    • Chancery Division
    • 12 April 2022 favour of the other party may be either reduced or nullified”. 92 Mr Clarke drew my attention to the case of Malhotra v Dhawan [1997] 8 Med LR 319, a case involving the taking of an account, in which the Court of Appeal was required to consider the approach the Judge at first instance ha......
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