Malhotra v Dhawan
Jurisdiction | England & Wales |
Date | 1997 |
Court | Court of Appeal (Civil Division) |
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6 cases
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Flogas Britain Ltd v Calor Gas Ltd
...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......
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Nihal Mohammed Kamal Brake v Duncan Kenric Swift (as trustee of the estates of Nihal Brake and Andrew Brake)
...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......
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Fulham Leisure Holdings Ltd v Nicholson Graham & Jones (A Firm)
...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......
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Jaswinder Singh Bahia v Inderdeep Singh Sidhu (as Personal Representative of the Estate of Tara Singh Sidhu)
...in 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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