Showing : 1-10 of 20 Results

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...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Evidence Act, 1872, Section 3-- Affidavit - Not evidence within meaning of S.3 of Evidence Act - However, when deponent is available for cross examination, and opportunity is given to the other side to cross examine him, the same can be relied upon...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 19, Rule 2-- Affidavit - Cross examination of deponent - Court can summon deponent for cross examination at the instance of either party - Power conferred on the Court is a discretionary power and it is to be exercised judiciously...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 19, Rule 1, 2-- Affidavit - Cross examination of deponent - Case adjourned twice - Defendants counsel not present - Evidence of plaintiff closed - Recall of order - Explanation given for absence appears not only satisfactory but also bonafide - Foreclosure of the defendants right to cross examine the plaintiff..........

Showing : 1-10 of 20 Results