Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Accused cannot be permitted to give his evidence by way of an affidavit - S.145(1) of the Act only entails a complainant to tender evidence in such a mode...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - Mandatory inquiry u/s 202 Cr.P.C can be conducted by taking evidence of complainant on affidavit in cases u/s 138 of N.I. Act - Inquiry need not be necessarily conducted by taking evidence on oath - Further, documents may be examined..........
Criminal Procedure Code, 1973, Section 195, 340 -- False evidence - Merely because accused in plaint and in their affidavit filed in lieu of examination-in-chief in civil suit have stated lease period of 11 months instead of 10 years, does not amount to giving false evidence, as they had no intention to take any favourable orders of Court based on said statement -..........
Allotment of plot -- Original allottee alleged to have obtained the allotment and sale deed of plot in question by submitting a wrong affidavit that he does not possess any building or plot in the areas of operation of society - However, mere living in a particular house by itself would not mean that said house is under ownership of person living therein in his individual..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - Evidence of witnesses on behalf of complainant shall be permitted to be taken on affidavit for conduct of inquiry u/s 202 Cr.P.C. - In suitable cases, Magistrate can restrict inquiry to examination of documents without insisting for..........
Matrimonial dispute -- Speedy disposal of cases relating to marriage and family affairs within a time frame - Guidelines issued for strict observance by all Family Courts in Delhi, till such time rules are formulated by State Government in consultation with High Court of Delhi Viz. (A) Issue of Summons: When a suit has been duly instituted, a summons may be issued to..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Recording of evidence - Non-furnishing of copies of documents accompanying affidavits - Obligation as per statue is to serve copies of affidavit which has been filed as chief examination and so far as documents are concerned, there is no requirement in law to serve copies...........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - An accused who considers that he has a tenable defence and the case against him was not maintainable, he can enter his plea on the very first day of his appearance and file an affidavit in his defence evidence and if he is so advised, he can also file an application for recalling any of the..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of a witness - Filing of affidavit of statement in re-examination is not permissible...........
Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of complainant or any other person - Words `summon and examine any person giving evidence in affidavit' in 145(2) NI Act also includes power of Court to summon and re-examine such witness/person...........
