Showing : 91-100 of 337 Results

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..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 19-- Affidavit in support of an application Not evidence by itself unless it is supported by evidence under the Evidence Act, 1872..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200, 482-- Summoning order - Quashing of - Contention that affidavit filed by complainant with criminal complaint was inadmissible in evidence since the same is not signed by deponent - Held, petitioner may take such plea of defence before trial Court - No illegality in impugned order by which petitioner has..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138,143,145-- Dishonour of cheque - Complainant gave part of his evidence by way of affidavit as per requirement of S.145 of the Act - Accused has limited right to cross-examine complainant as is done in a summary trial case - But at the same time accused is not precluded from putting certain questions which..........

Showing : 91-100 of 337 Results