Showing : 31-40 of 352 Results

BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141, 142, 145-- Dishonour of cheque - Complaint by power of attorney holder - Offence by company - Power of attorney holder gave evidence on affidavit u/s 145 of the Act by mentioning in verification clause that all facts stated in affidavit are true to his knowledge - However, cross-examination of CW1 reveals..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 33-- Affidavit of witness without being cross-examined in criminal proceedings - Is no evidence in eye of law nor referable to S.33 of the Act...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 3, Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 16, Rule 1(3)-- Affidavit in lieu of examination-in-chief of a witness not named in the list of witnesses tendered - Evidence of said witness not to be read in evidence, as leave to examine said witness not given - However, liberty is granted to plaintiff to file an appropriate application to seek leave of Court..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
East Punjab Urban Rent Restriction Act, 1949, Section 16, 17, Civil Procedure Code, 1908, Order 18, Rule 4-- Rent and Eviction - Recording of evidence by Commissioner - Merely because documents have been filed alongwith affidavit same would not ipso-facto be admissible in evidence as same are subject to orders of Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7-- Admissibility of document - Where document has been objected to being abinition and/or inadmissible in evidence - Even if it is not objected to prior to its admission an objection can be raised at any stage of hearing, including in appeal or revision as well - An inadmissible document cannot be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7, East Punjab Urban Rent Restriction Act, 1949, Section 16, 17-- Admissibility of document - Petitioner has raised objections to proof and admissibility of documents - Rent Controller should have proceeded to pass appropriate order on objections raised by counsel for petitioner with regard to mode or proof and admissibility of attached documents alongwith..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32(1), 32(3), 32(5)-- Execution - Decree of permanent injunction - Disobedience - Order of attachment of JD's properties passed without finding that JD has willfully disobeyed the decree - Said order is violative of provision of O.21.R.32 CPC - No opportunity was granted to JD and Court passed order of attachment..........
DELHI HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 65B-- Late production of certificate u/s 65-B - Plaintiff is entitled to file certificate u/s 65-B of Evidence Act, even subsequent to filing of electronic record in Court only if a case is made out for late filing of documents beyond the prescribed period - In the absence of reasons for late..........
DELHI HIGH COURT
Year of decision: 2016
Details
Will-- Probate - Attestation or notarization of Will is not required to seek probate - However, judicial notice can be taken of fact that party may get Will notarized being ignorant of said fact. (Para 10) Will - Probate - Variation of signatures of daughter of testator on attested notarized Will -..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 26(2), Order 6, Rule 15(4)-- Affidavit - Filing alongwith plaint as part of verification cannot be used for the purpose of evidence at the time of trial and party has to file a proof affidavit in support of his pleadings in lieu of chief examination at the time of trial...........

Showing : 31-40 of 352 Results