Showing : 11-20 of 119 Results

BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 1A, Civil Procedure Code, 1908, Order 13, Rule 1(3)(a), Civil Procedure Code, 1908, Order 7, Rule 14-- Production of documents by defendant to confront plaintiff during plaintiff's cross-examination - Not permissible - Defendants had to follow mandate as contained in O.8.R.1 CPC, which it had to otherwise rely upon in a list of documents as required by law...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Examination of expert in rebuttal evidence after closure of evidence - Cross examination of PW3 was allowed after closure of evidence which necessitated examination of expert in rebuttal - Held, plaintiff could exercise his discretion to examine any further witness after taking into consideration..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness - Court can recall a witness in order to clarify any issue or doubt either suo moto or at request of any party - There is no specific provision in CPC however, enabling parties to reopen evidence for purpose of further examination-in-chief or cross-examination...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-- Recall of PW - Suit is at the stage of evidence - Certain contradictions in examination-in-chief of PW have been pointed out, after his cross-examination - It is always open for plaintiff to lead further evidence to prove his case by moving a proper application before Court concerned - Fact..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for specific performance - Impleadment sought on the basis of semblance of title, as applicants claiming themselves to be co-owners of suit property - However, defendant in agreement to sell stated that she is the sole and absolute owner/occupier in possession of suit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Order 17, Rule 1(2)(e)-- Cross examination - Witness present in Court but other side not ready to cross examine the witness - Court can dispense with his cross examination - However, when a genuine and bona fide request is made for adjournment, instead of resorting to forfeiture of the right to cross examine, Court may..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Recovery suit - Plaintiff supplied computers to defendant - Defendant issued cheques as part payment towards delivery of computers and said payment was credited to the account of plaintiff - Factum of issuance of said cheques admitted by defendant in his cross-examination - However, plaintiff..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 26, Rule 10, 13, 14-- Examination of Commissioner - Powers of Court - Suit for partition - Report submitted by Commissioner - Court is empowered U.O.26.R.10 CPC to summon Commissioner as witness to examine report in partition final decree proceedings with right of cross-examination to both the parties - U.O.26.R.10 CPC..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Motor Vehicles Act, 1988, Section 169, Civil Procedure Code, 1908, Order 18, Rule 4-- Accident - Claim petition - Examination-in-chief on affidavit is permissible at discretion of Tribunal, subject to any objection being raised by defendants, which will require decision thereon by Tribunal - Moreover, cross-examination and re-examination is not permissible on affidavit and have to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Injunction decree - Violation of decree - Plaintiff not specified any particular incident with reference to date, time and manner of occurrence in the petition - Cause of action for filing petition U.O.21.R.32 CPC cannot be advanced - Merely because defendant stated in his..........

Showing : 11-20 of 119 Results