Evidence Act, 1872, Section 65(c)-- Secondary evidence - Loss of original document - Secondary evidence can be allowed even if no separate affidavit for tendering the same was filed...........
Negotiable Instruments Act, 1881, Section 138, 145(1)-- Dishonour of cheque - In case trial u/s 138 of Act is conducted in a summary manner and evidence is given by complainant by way of an affidavit, which is sufficient to prove the offence - Evidence is not required to be given again in terms of S.145(1) of Act and same has to be read during trial...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 137, 138-- Dishonour of cheque - Summary trial - Cross-examination of complainant - Once complainant has brought forward his case by giving his affidavit about issuance of cheques, dishonour of cheques, issuance of demand notice etc., he can be cross-examined only if accused makes an application to Court as..........
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment in written statement - Delay in filing application - Petitioner took plea that she was unaware about the mutation recorded in favour of defendant - Petitioner is wrong to say that she was not aware of the mutation because said mutation was already produced on record by way of additional..........
Civil Procedure Code, 1908, Order 9, Rule 4-- Restoration of suit - Sufficient cause of non appearance - Neither petitioner nor his advocate filed affidavit disclosing reason for not appearing at the time when case was called for hearing - Advocate refused to give his affidavit - Although reason was assigned that he was suffering from..........
Negotiable Instruments Act, 1881, Section 138, 145(2)-- Dishonour of cheque - Jurisdiction - Dictum of Supreme Court that proceedings will have to continue where it is in case recoding of evidence has commenced as meant u/s 145(2) of the Act - Filing of affidavit of examination-in-chief - Case posted for cross examination of complainant - Held, once..........
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Evidence by affidavit filed at pre-summoning stage - Issue of postponing process in view of amendment to S.202 Cr.P.C. does not arise as provisions of N.I. Act override provisions u/ss 200 & 202 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Evidence on affidavit - Accused himself permitted to tender his examination-in-chief by way of an affidavit thus he is not entitled to question the same afterwards - Moreover, accused failed to demonstrate as to the prejudice that is caused on account of procedure that is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Contraband - Accused contended that link evidence is missing as official, who has taken the sample has not been produced - Contention rejected as prosecution examined PW1 who proved his affidavit - Report of chemical examiner also suggest that seals were intact in respect of sample - Conviction..........
Evidence Act, 1872, Section 65(a), 66-- Secondary evidence - A bare statement made on affidavit by a party that document has been lost and in spite of best efforts, he could not trace out the document would be sufficient evidence of fact that document had been lost...........
