Showing : 141-150 of 564 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Plaintiff has option to lead his entire evidence on all issues and in case he intends to lead rebuttal evidence or answer the evidence that is to be led by defendant as regards the issues the onus of proof is upon defendant, he shall have to reserve his right - Further,..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 18, Rule 3, 2-- Rebuttal evidence - Provisions of O.18.R.2 & O.18.R.3 CPC are mutually exclusive and have their independent domains and thus operate in different situations - Both the provisions cannot be read in conjunction but independently and in isolation as regards the right of party beginning to lead..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3-- Rebuttal evidence - Hand writing and finger print expert - Document forming foundation of case and propounded by plaintiff was to be proved by him - However while framing issues, onus was placed on defendant to prove that document was forged and fabricated - When onus of proving issue was on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Expert opinion - Defendants have set up a Will which is subject matter of challenge of suit - Onus of proving that Will in question is null and void was upon plaintiff - Once onus is upon plaintiff, he cannot examine expert by way of rebuttal evidence after leading evidence in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness for further cross examination on the ground that his earlier counsel did not cross-examine the witness properly - Tenant had been changing counsel quite often and even during cross-examination of landlord, tenant changed three counsel one after the other - It is now fourth one..........
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...........

Showing : 141-150 of 564 Results