Showing : 91-100 of 341 Results

KARNATAKA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Evidence on affidavit - Accused cannot file an affidavit in lieu of chief examination - It is necessary for him to enter the witness box even for chief examination - It is the complainant and the witnesses who could file an affidavit in lieu of chief examination and not the..........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Trial - Examination-in-chief of accused - Affidavit in lieu - Validity - Held, when law provides specific procedure as to how evidence has to be recorded, same has to be followed as it is - Trial Court without looking to said aspect has permitted accused to file an affidavit..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Evidence Act, 1872, Section 3-- Affidavit - Not evidence within meaning of S.3 of Evidence Act - Affidavit can be used as evidence only if, for sufficient reasons, Court passes an order U.O.19 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Evidence Act, 1872, Section 3-- Affidavit - Not evidence within meaning of S.3 of Evidence Act - However, when deponent is available for cross examination, and opportunity is given to the other side to cross examine him, the same can be relied upon...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file fresh on same cause of action - Permissibility - Plaintiffs have taken very vague and general plea regarding false documents without specifying the documents - Alleged false documents including ex parte decrees were traced at the time of filing of affidavit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Order 14, Rule 1-- Arbitration award - Objections - Framing of issues - (i) Not mandatory to frame issues; (ii) Court if finds necessary can frame issues; (iii) Parties not to be allowed to lead evidence as in a regular civil suit; (iv) If Court finds that on certain question of fact or on mixed question of law and..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Evidence Act, 1872, Section 154-- Hostile witness - Deposition in an affidavit - Resiling in cross examination - Party who is examining has a right to get the veracity of the two stands tested through cross examination - That is the only recognized mode of procedure - Delay in making an application cannot be treated to be above..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 482-- Illegal gratification - Quashing of FIR - Doctor - Demand for operation and for better treatment - Tainted money recovered from accused - FIR cannot be quashed on the basis of affidavit of witnesses that no demand was made when on the basis of contents of FIR and nature of evidence collected it is..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65-- Dishonour of cheque - Secondary evidence - Grant of permission - Validity - Application preferred by complainant u/s.65 of Evidence Act not supported by affidavit - It did not give full particulars and was under signature of a counsel appearing for complainant - Contention on behalf of complainant..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Agreement to sell -- Specific performance - Ready and willing - Affidavit of presence in office of Sub Registrar on the date fixed for getting the sale deed registered - Evidence of bank accounts depicting financial status - Notice for execution of sale deed sent within four days - Suit filed promptly within three..........

Showing : 91-100 of 341 Results