Showing : 61-70 of 272 Results

DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Commencement of trial - Filing of an affidavit in lieu of examination in chief of witness amounts to `commencement of proceeding'...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Evidence Act, 1872, Section 3, 138-- Contents  of  documents  - Admitted  to be true in examination in chief - However, in  cross examination  that admission was withdrawn - Held, it  is  earlier part  of  the statement which carries weight and latter  part  of statement  made  by simply adopting the suggestions  put..........
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...........
TRIPURA HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 138-- Cross examination - Tendering of a witness for cross-examination without there being any examination-in-chief not permissible - As it amounts to giving up of witness - Recourse to such practice is inconsistent with S.138 of Act. (1995(3) SCC 367)...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Summary trial or summons trial - Detailed affidavit of examination-in-chief and lengthy cross examination - Clearly shows that case was tried as summons trial - Perusal of cross-examination shows that full dress trial was held and it is with that understanding, both the..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 138, 146, 148-- Cross examination - Need not be confined to the facts to which the witness testifies on his examination-in-chief - Questions can be put in cross-examination in order to nullify or establish the veracity or otherwise of allegations made in the proceedings...........
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..........
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 -..........

Showing : 61-70 of 272 Results