Showing : 141-150 of 611 Results

GAUHATI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 4-- Evidence - Affidavit of examination-in-chief - Not sworn before authority - Legally and technically there is no examination-in-chief on record - It is duty of Court to return the same for swearing affidavit in accordance with law so that it could become evidence within meaning of O.18.R.4 CPC -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 3A-- Party to be examined first before examination of other witnesses - Prior permission is required to be taken in case party is to be examined after examination of other witnesses - Even if prior permission of Court is not taken before commencement of trial, it shall be sought at least before the..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 4-- Affidavit in lieu of examination-in-chief - Production of affidavit on record after witness is dropped - Not permissible - Secondly affidavit in absence of any cross examination of said witness is simply a waste paper...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17-- Witness examined and cross examined - Such witness cannot be summoned by opposite party as his own witness - Such witness even not allowed to be recalled for further cross examination...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Plaintiff only led affirmative evidence with regard to issue Nos.1 & 2 relating to agreement to sell and part payment - It cannot be said that plaintiff had led evidence or produced evidence on specific issue of forgery contained in issue No.3, the burden of which was on..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness for further cross examination - Merely because plaintiff while being cross examined was covering his face with file is not a ground to recall plaintiff for further cross-examination as it is difficult to understand as in what manner such conduct of plaintiff caused any..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Right to begin - When parties to suits are placed on equal footing and both the parties to suits are not prepared to waive their right to begin the case, then it shall be decided by Court as to who is to lead evidence at the first instance in proof of his case...........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Right to begin - Both the parties claiming on the basis of Will in their favour - Joint trial of two suits filed by each party ordered - Court rightly directed plaintiff who filed suit earlier in point of time to lead evidence in proof of his case in consonance with O.18.R.1 CPC - No interference..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Where plaintiff closed his evidence and did not reserve his right to lead evidence in rebuttal, he cannot be permitted to lead evidence in rebuttal qua which the onus was on him - However, in exceptional case, where plaintiff is not negligent in leading his evidence in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 18, Rule 1A-- Documents not produced alongwith written statement can be allowed to be produced at a later stage when those documents are necessary for adjudication of rival claims of parties...........

Showing : 141-150 of 611 Results