Showing : 1-10 of 23 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 145(2)-- Dishonour of cheque - Evidence of complainant by way of affidavit - Cross examination of deponent - Reasons need to be assigned to seek cross-examination of deponent - It is obligatory for Court to recall complainant or its witnesses, if an application is made in that behalf - Moreover, no..........
CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 19, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 4(2), Evidence Act, 1872, Section 3-- Affidavit - Evidence by way of affidavit - Not evidence unless an opportunity of cross examination of deponent is given to the other side...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 137, Civil Procedure Code, 1908, Section 47, Order 19, Rule 1-- Execution - Affidavit - Cross examination of deponent - High Court allowed parties to adduce evidence by affidavits and documents - Necessarily it includes examination of witnesses with relation to documents which are produced - Impugned order declining cross examination of deponent of affidavit..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 19, Rule 2-- Affidavit - Cross-examination of deponent - Not necessary as petitioners right to object affidavit is secure and he can make his own affidavit...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 19, Rule 2, Evidence Act, 1872, Section 138-- Reply to application U.O.39.Rr.1,2 supported by an affidavit - Cross examination of deponent/defendant - Specific grounds as to why such cross examination is necessary has to be stated - Application full of generalities without any specifics and quite apparently intended to protract the pending..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 19, Rule 2, Evidence Act, 1872, Section 3-- Affidavit - Cross-examination of deponent - Permissible only in case of affidavit filed by third parties and not to affidavits filed by parties to proceedings as affidavit filed in support of petition is not treated, as an affidavit filed by way of evidence...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 4-- Deposition in affidavit of examination-in-chief beyond pleadings - Whether particular evidence in the shape of examination-in-chief affidavit pertains to the fact in issue or to the relevant facts, cannot be determined by High Court but opposite party will have sufficient opportunity to impeach..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 4-- Affidavit in lieu of examination-in-chief - Affidavit to contain only the relevant facts in issue - Affidavit should not be beyond pleadings and which is irrelevant to the issues framed - In case there are totally irrelevant depositions ex facie, Court can direct deponent to file fresh affidavit..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 19, Rule 1, 2-- Affidavit - Cross-examination of deponent - Permissibility - If facts warrant Court may permit cross-examination of deponent to ascertain the truth of averments therein - But party seeking cross-examination of deponent must disclose bona fide reasons for the same - Court is under an obligation to..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 19, Rule 1, 2-- Affidavit - Proof of fact by affidavit - Permitted by Court - Court to allow cross examination of deponent when any party so desires...........

Showing : 1-10 of 23 Results