Showing : 1-10 of 306 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17A-- Additional evidence - Audio CD conversation - Divorce petition - Factum with regard to existence of audio CD sought to be adduced on record as additional evidence was very much in knowledge of husband before commencement of trial and at the time of leading evidence - Court below ought not to have..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Admission contemplated is admission of facts and not what petitioner understands to be an admission by opposite party, particularly when opposite party denies such admission - Moreover, opinion of petitioner would be tested at the time of final arguments of case -..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Plaintiff seeking recall of PW5 for further examination to prove Ex.A10 - Recall sought when evidence of defendant was complete and matter was listed for arguments - Recall of a witness to fill up a gap is impermissible...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 82, 299-- Absconder - Petitioner was in custody after his arrest - He was released on interim bail - Petitioner was not in custody when application for regular bail was filed by him, as his bail was cancelled by trial Court and he was directed to surrender - But instead of surrendering, petitioner filed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65-- Secondary evidence - At the stage of arguments - No evidence was led by plaintiff in affirmative nor any such evidence was brought in rebuttal - Even the evidence of plaintiff was closed by way of statement of Counsel appearing on his behalf - Said order of closing was never assailed by plaintiff..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Constitution of India, 1950, Article 226-- Writ petition - Service matter - High Court dismissed the writ petition filed against order of Employees Provided Fund Appellate Tribunal, cursorily without dealing with any of issues arising in case as also arguments urged by parties in support of their case - In absence of any application of..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Recall of PW1 to mark documents at the stage when case was fixed for arguments - Held, petitioner cannot be allowed to seek reopening of his evidence to recall PW1 for the purpose of marking the documents produced by him or ask the Court to direct defendant to produce a document, which he did not..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 6, Rule 2-- Proof beyond pleadings - Witness already examined - Plea to be raised at the time of final arguments and trial Court essentially has to consider these aspects...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17, 17A-- Recalling of witness - Court has power to reopen and recall witness and permit the party to let in additional evidence - No straight jacket formula to allow or reject such application - Said power is discretionary and must be exercised judiciously - Plea that recalling of witness cannot be allowed..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17, 17A-- Recalling of witness - An additional document is marked after conclusion of trial, after arguments on behalf of respondents and during arguments on behalf of petitioner - In such circumstances, respondents rightly, entitled to an opportunity to rebut said evidence...........

Showing : 1-10 of 306 Results