Showing : 261-270 of 1097 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration seeking declaration/joint possession on the plea that property at the hands of father is co-parcenary and ancestral in nature - Excerpt or pedigree table not brought on record - Person being fourth generation in lineage can assert right by birth - Three generation preceding to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 65-- Secondary evidence - To seek secondary evidence it must be taken a ground that document is missing or lost or in the custody of adversary or any other ground so that other party conducts cross examination in effective manner so as to establish that no such circumstance exists for production of..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - To examine document writer - No reason to deny opportunity to examine said witness merely because plaintiff had earlier stated in his cross examination that he does not intend to examine said witness...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 13, Rule 4-- Exhibition of documents - Objection - Merely because objection has not been taken to the exhibition of documents at the time of cross-examination, party cannot be prevented to take the objection later on...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 395, 376, 323, 450, 149, 147, Evidence Act, 1872, Section 9-- Dacoity - Rape of three women belonging to same house - Test identification parade (TIP) - PW7 identified all accused during his testimony and during investigation - Defence tried to challenge the testimony of PW7 on the question of identification of accused but nothing significant elicited from..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 323, 325, 149-- Murder - Unlawful assembly - Common object - Non-production of subscriber of FIR - Merely because complainant at whose instance report was written by subscriber, has disowned some of facts mentioned in report during trial, it cannot be inferred that those facts were averred in the report by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Grounds mentioned in the application for leading secondary evidence - To be tested in the cross examination only - Court cannot prejudge whether those grounds are correct or not even before conclusion of trial...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Counsel pleaded no instructions - Court is required to issue notice to defendant - Nothing on record that counsel after pleading no instructions sent an intimation to his client - Moreso three witnesses of plaintiff were present for cross examination but counsel..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 65-- Secondary evidence - If any one of the grounds mentioned u/s 65 is spoken to by the party who is seeking for reception of secondary evidence, Court is bound to accept it and leave it to the opposite party to elicit in the cross-examination that grounds made are not true and the document produced..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness for cross-examination - Failure to cross-examine plaintiff despite several opportunities granted for the purpose - It may have serious repercussions and consequences for defendant in case plaintiff is not cross-examined - Keeping in view the principles of natural justice,..........

Showing : 261-270 of 1097 Results