Showing : 141-150 of 558 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - When entire evidence has already been led, mere recasting of an issue does not change the situation and claim of plaintiff to lead rebuttal evidence to this issue when arguments are already in progress after completion of evidence by parties has no merit particularly when there..........
ORISSA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-- Recall of a witness for further cross examination - (1) Power of Court is discretionary power which should be used sparingly in appropriate cases (2) Power should be exercised to clarify any doubt it may have in regard to the evidence led by the parties (3) Discretion not to be exercised to allow..........
ORISSA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-- Recall of a witness for further cross examination - While allowing recall of witness it was stated that questions appended to the recall petition appear to be genuine and required for just and proper adjudication of the matter in controversy and to clarify the ambiguities in the evidence - There..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness for further cross-examination - Power of recall a witness is vested in Court primarily for seeking clarification on any of aspects arising in suit - Provision not to be used to fill up omissions in the evidence of a witness...........
MANIPUR HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 18, Rule 4-- Oral examination instead of examination-in-chief in the form of an affidavit - Only a procedural irregularity - No prejudice caused - When no prejudice is caused then entire proceedings cannot be treated to be vitiated...........
UTTARAKHAND HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 13, Rule 1-- Document filed along with affidavit - Only such documents can be filed along with affidavit of witnesses which are for refreshing the memory of witness or for the purpose of cross examination...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Plaintiff cannot as a matter of right lead evidence in rebuttal on issues, the onus of proof of which is on them...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Plaintiff cannot be allowed to lead evidence in affirmative qua an issue with regard to which onus was on plaintiff to prove the same - In instant case, plaintiff failed to examine any handwriting expert, while leading her evidence in affirmative - Merely because defendant had..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness - Cannot be allowed on the ground that earlier counsel did not properly cross examine the landlord and that he changed his counsel...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Closing of evidence - Validity - Suit for declaration filed on 14.03.2003 - Case fixed for evidence of defendants for first time on 29.05.2013 - Trial Court closed their evidence on 22.07.2013 without affording adequate opportunity to conclude evidence - Defendants already deposited process fee..........

Showing : 141-150 of 558 Results