Dissolution of Muslim Marriages Act, 1939, Section 2(ix), 4-- Dissolution of marriage - Proof of apostasy - Wife made public declaration of re-embracing Hinduism and produced certificate from organization which facilitated it - She reiterated this factum in plaint and deposed so in affidavit in petition - Held, no further proof is required, nor indeed could..........
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Evidence on affidavit - Complainant is not required to examine himself twice i.e. one after filing complaint and one after summoning of accused - Affidavit and documents filed by complainant alongwith complaint for taking cognizance of offence are to be read in evidence at..........
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Speedy and expeditious disposal of cases - Directions issued to all Criminal Courts in country dealing with cases u/s 138 of the Act, viz: (1) Metropolitan Magistrate/Judicial Magistrate (MM/JM), on the day when the complaint u/s 138 of the Act is presented, shall scrutinize..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 4 bags of poppy husk - Accused contended that affidavits of formal witnesses to complete the link evidence were not bearing the seal of Court before whom the affidavit was sworn - Held, such affidavit is no affidavit in eyes of law...........
Delhi Rent Control Act, 1958, Section 25B(8)-- Eviction - Bona fide need - Leave to defend - Son of landlord born in Canada and holds Canadian passport - Landlord requires premises on ground that his son is likely to join his business - There is no prima facie evidence or even affidavit on his behalf that he would leave Canada and join his..........
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Evidence on affidavit - Evidence can be given on the basis of an affidavit when complaint is filed u/s 138 of Act but that shall be subject to `just exception'...........
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Company - Directors - Vicarious liability - Allegations against petitioners are very vague - No specific role has been assigned to them - It is not disclosed how they are responsible for day to day affairs of company - Rules and regulations of Bank does not empower..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Complaint - Inquiry - Court took into consideration evidence by way of affidavit of complainant and documentary evidence on the basis of which prima facie case was made out against petitioners - Held, no further enquiry is warranted in the matter...........
Civil Procedure Code, 1908, Order 18, Rule 4-- Examination-in-chief - Affidavit in lieu of - Irrelevant evidence - Held, Court cannot permit the party to lead an irrelevant evidence or evidence not related to issue even in affidavit filed by way of examination in chief in lieu of oral evidence - O.18.R.4 in has to be r/w O.18.R.2 which clearly..........
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Written statement to the amended plaint - Defendant to file his written statement to the amended plaint only upto the extent of amendment made in the plaint - Defendant shall also have the right to cross examine again, already examined plaintiff, but only upto the extent of..........
