Showing : 51-60 of 335 Results

DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 10-- Written statement - Non filing within time - Plaintiff able to satisfactorily discharge obligations by making out a case for passing a decree against defendant - It is appropriate to dispense with the requirement of plaintiff to file an affidavit by way of evidence in support of its pleadings -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 138-- Plea in Affidavit of examination-in-chief - No cross examination - Held, in the absence of question in the cross examination, the statement made in examination-in-chief is deemed to have been admitted...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Will -- Proof - Affidavits of marginal witnesses - Ex parte evidence of witnesses can be by way of affidavit as per O.19.R.1 CPC (As applicable in U.P.) - Requirement of Will being proved stood discharged - Since defendant failed to challenge the same, Will, held, proved. (Civil Procedure Code, 1908,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 4-- Deposition in affidavit of examination-in-chief beyond pleadings - Whether particular evidence in the shape of examination-in-chief affidavit pertains to the fact in issue or to the relevant facts, cannot be determined by High Court but opposite party will have sufficient opportunity to impeach..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness - Documents in question were already on record which were filed with evidence on affidavit and were tendered for marking - But same were not marked as exhibits - Application for recall of witness in order to lead further evidence for the purpose of marking those documents as..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 4-- Affidavit in lieu of examination-in-chief - Affidavit to contain only the relevant facts in issue - Affidavit should not be beyond pleadings and which is irrelevant to the issues framed - In case there are totally irrelevant depositions ex facie, Court can direct deponent to file fresh affidavit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 26, Rule 4-- Examination of witness on oath by oral evidence before Commissioner - Permissibility - Oral evidence has not been prohibited to be produced as per O.18.R.4 CPC and O.26.R.4 CPC - No distinction can be made for the purpose of recording of examination-in-chief by oral evidence or by affidavit on the..........
GAUHATI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 4-- Evidence - Affidavit of examination-in-chief - Not sworn before authority - Legally and technically there is no examination-in-chief on record - It is duty of Court to return the same for swearing affidavit in accordance with law so that it could become evidence within meaning of O.18.R.4 CPC -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 125, 296-- Maintenance - Examination of witness on affidavit - Evidence of only those witnesses, who are of formal character can be recorded by way of affidavit and that too subject to all exceptions by opposite party...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 125, 311-- Maintenance - Re-examination - Maintenance proceedings - Lacuna in evidence - Respondent wife due to negligence and mistake on the part of counsel was examined-i, chief by way of affidavit instead of getting her statement recorded on oath - Application filed by wife for her re-examination to..........

Showing : 51-60 of 335 Results