Showing : 81-90 of 333 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Examination of an expert - Affidavit introduced in evidence by defendant which was beyond pleadings - Held, plaintiff has right to examine the handwriting expert even in rebuttal evidence as defendant has introduced the affidavit beyond pleadings, at the stage of evidence...........
CALCUTTA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 326(3), 264-- Dishonour of cheque - Complaint - Re-trial - Affidavit of complainant - Held, S.326 Cr.P.C. applies to evidence which is `heard and recorded' by Court - Affidavit of complainant which is read into evidence in trial of offence in terms of legal fiction created by S.145 of Act, does not constitute a..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 18, Rule 3A-- Party as its own witness - Provision of O.18.R.3-A CPC is directory in nature - A party as its own witness can appear when only affidavits of witnesses had been filed - Mere filing of affidavit of witnesses does not amount to `examine' - Word `examine' means not only the affidavit in evidence..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Trial Court compared signatures on summons with signatures on application and held that signatures on summons was that of defendant - Held, when defendant filed affidavit in support of his application that he was not duly served with summons and that affidavit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 296-- Evidence of formal character on affidavit - Held, evidence of any person of a formal character may be given by affidavit and same be read in evidence in any inquiry, trial or other proceeding under Code but subject to all just exceptions...........
PATNA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence - Permission to adduce - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - However, during pendency of appeal they admitted true fact by executing registered sale deeds - They failed to explain admission made..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 18, Rule 2, 4, Evidence Act, 1872, Section 138-- A witness proposed to be examined present in Court when cross examination of other witness was in progress - Trial Court held that evidence of that witness cannot be recorded at all and that affidavit filed by him in lieu of chief-examination be eschewed from consideration - Trial Court has only..........
KARNATAKA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Evidence on affidavit - Accused cannot file an affidavit in lieu of chief examination - It is necessary for him to enter the witness box even for chief examination - It is the complainant and the witnesses who could file an affidavit in lieu of chief examination and not the..........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Trial - Examination-in-chief of accused - Affidavit in lieu - Validity - Held, when law provides specific procedure as to how evidence has to be recorded, same has to be followed as it is - Trial Court without looking to said aspect has permitted accused to file an affidavit..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Evidence Act, 1872, Section 3-- Affidavit - Not evidence within meaning of S.3 of Evidence Act - Affidavit can be used as evidence only if, for sufficient reasons, Court passes an order U.O.19 CPC...........

Showing : 81-90 of 333 Results