Showing : 11-20 of 333 Results

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..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Affidavit is sufficient to prove the loss of original...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Copy of affidavit - Execution of affidavit has been proved and the original of same was also proved to be lost - It is therefore, required to be proved by leading secondary evidence - Application rightly allowed...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 28(2), Protection of Women From Domestic Violence Rules, 2006, Rule 6(5)-- Domestic violence - Petition u/s 12 of the Act - Court in its discretion can allow evidence on affidavit and permit cross-examination to test veracity of evidence - Court can deviate from procedure prescribed u/s 28(1) r/w Rule 6(5) and devise its own procedure which include permitting evidence by..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 19, Rule 2, Evidence Act, 1872, Section 138-- Reply to application U.O.39.Rr.1,2 supported by an affidavit - Cross examination of deponent/defendant - Specific grounds as to why such cross examination is necessary has to be stated - Application full of generalities without any specifics and quite apparently intended to protract the pending..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Additional evidence - Rebuttal - Affidavit of examinatio, i, chief - Beyond the scope of additional evidence - Court while finally deciding the case, can ignore the statement which is beyond the scope of additional evidence lead by the other party - However, affidavit cannot be taken off the..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 28(2), 12-- Procedure - Proceedings u/s 12 of the Act - Tendering of evidence by wife in the form of affidavit - Neither illegal nor improper, as S.28(2) of the Act, conferred discretion on Court to lay down its own procedure - Moreover, evidence in the form of affidavit also not prejudiced husband and its..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 65B(4)-- Multiple electronic records - Each document purporting to be a print out of electronic record is not required independently accompanied by a certificate - An affidavit filed by a party with regard to compliance with S.65-B(4) of the Act, in respect to multiple electronic records can be treated as..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 162, Evidence Act, 1872, Section 145-- Affidavit of witnesses produced before Superintendent of police or I.O during investigation - May be a statement of witness during investigation, which is not a substantive evidence - Such statement of witnesses during investigation can be used only for the purpose to contradict the PWs in the..........

Showing : 11-20 of 333 Results