Showing : 1-10 of 331 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 23(2)-- Proceedings u/s 12 or S.23(2) of the Act - Evidence by way of affidavit - Court in its discretion can allow evidence on affidavit and permit cross examination to test veracity of the evidence...........
DELHI HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 145(1)-- Dishonour of cheque - Mandate of legislature is trial of such cases in a summary manner - Evidence already given by complainant by way of affidavit is sufficient proof of offence and this evidence is not required to be given again and has to be read during trial - Witnesses i.e. complainant and..........
DELHI HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 251-- Dishonour of cheque - Evidence of complainant by way of affidavit - Cross examination of complainant - Permissible only when accused makes an application by pointing out on what point he wants to cross examine the witness(es) and then only Court shall recall the witness by recording reasons..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Evidence on affidavit by accused - Accused cannot lead his evidence by way of affidavit in terms of S.145 of the Act...........
MADRAS HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 144, Order 19, Rule 2-- Affidavit filed in support of application for restitution of property - Can be treated as evidence for purpose of O.19.R.2 CPC to cross-examine deponent of affidavit, as application for restitution u/s 144 CPC is substantive application and adjudication by a Court u/s 144 CPC is a decree, which..........
DELHI HIGH COURT
Year of decision: 2019
Details
Will-- Partition suit - Execution of Will in favour of three daughters to the exclusion of plaintiff/son - Will in question proved in accordance with law - Two properties bequeathed by father/testator in favour of his three daughters - Plaintiff was disinherited by father with respect to said two..........
GUJARAT HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Evidence on affidavit by accused - Accused in a complaint u/s 138 N.I. Act is entitled to lead evidence on affidavit...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65, Civil Procedure Code, 1908, Order 21, Rule 22-- Execution - Application for production of secondary evidence - Petitioners did not aver that the pre-conditions set out in S.66 of Evidence Act to produce secondary evidence were satisfied and originals of documents in issue were lost - No affidavit was filed in support of application - Further,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 15, 16, Evidence Act, 1872, Section 137-- Maintenance - Evidence by way of affidavit - Cross examination of witness - Provisions of Ss.15 & 16 of Family Courts do not render evidence taken on affidavits to be illegal - However, a witness has to be subjected to cross examination and that right has to be given and cannot be closed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 15, 16, Evidence Act, 1872, Section 137-- Maintenance - Evidence by way of affidavit - Cross examination of witness - In matrimonial disputes each party gives exaggerated accounts and it is duty of Court to extract the truth from falsehood - In matrimonial litigation Family Courts have to take due care and caution in closing valuable..........

Showing : 1-10 of 331 Results