Showing : 1-10 of 196 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Arbitration and Conciliation Act, 1996, Section 34, 13(5), 16(6), Civil Procedure Code, 1908, Section 151-- Arbitration award - Setting aside - Adducing evidence in an application u/s 34 of the Act - Proceedings u/s 34 of the Act are summary in nature - An application for setting aside an arbitral award will not ordinarily require anything beyond the record that was before the arbitrator - However, if..........
CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 19, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 4(2), Evidence Act, 1872, Section 3-- Affidavit - Evidence by way of affidavit - Not evidence unless an opportunity of cross examination of deponent is given to the other side...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of plaintiff for further cross examination - Process of Court in terms of O.18.R.17 CPC cannot be invoked by private party, as provision is meant only for convenience of Court...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of DW2 for further cross-examination - At the stage of arguments - Application filed 40 days after closure of evidence on behalf of defendants - Plaintiff has opportunity of cross-examination of DW2 and in fact it was done elaborately - Strong reason is not made out for reopening and..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a PW1 for further cross-examination - Petitioner cross-examine PW1 on three separate occasions and she had a counsel at that point of time, who participated in cross-examination and such cross-examination was done in her presence - It is also not denied by petitioner that till date she..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 137, Civil Procedure Code, 1908, Section 47, Order 19, Rule 1-- Execution - Affidavit - Cross examination of deponent - High Court allowed parties to adduce evidence by affidavits and documents - Necessarily it includes examination of witnesses with relation to documents which are produced - Impugned order declining cross examination of deponent of affidavit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 45, 138-- Expert - Application for cross-examination of fingerprint expert/witness on the report - Witness was never appointed U.O.26.R.9 CPC, therefore witness cannot be termed to be a Commissioner, otherwise, expert is only a witness and Ss.45, 138 of the Act would apply - Since witness was never examined..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 137-- Recall of a witness for further cross-examination - Failure to cross-examine witness on certain aspects by itself is not a ground enough to recall witness for further cross-examination...........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of PW1 for cross-examination - Witness not cross examined despite grant of several opportunities - Conduct of petitioner is such that he is keen on to procrastinate the proceedings - Application rightly dismissed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 16, Rule 1-- Ancestral property - Proof of - To prove nature of property as ancestral, revenue excerpt is essential and necessary for placing on record and in absence thereof suit may be dismissed - Kanungo did not bring the complete record as record was only upto particular pedigree - Summoning of other..........

Showing : 1-10 of 196 Results