Showing : 61-70 of 266 Results

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 -..........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 4-- Affidavit in lieu of examination-in-chief - Production of affidavit on record after witness is dropped - Not permissible - Secondly affidavit in absence of any cross examination of said witness is simply a waste paper...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376-- Rape of minor girl aged 9 years - Prosecutrix disclosed smudgy/smoggy details describing the whole incident regarding manner in which she was raped by accused - Prosecutrix despite of her tender age stuck to prosecution version as spelt out by her in her statement u/s 164 Cr.P.C. as well as in her..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Commencement of proceedings - Filing of an affidavit in lieu of examination-in-chief of witness would amount to commencement of proceeding and trial is deemed to commence when issues are framed and case is set down for recording of evidence...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 137, 138-- Re-examination - Can be allowed before completion of cross-examination - If in the midst of cross-examination, Court comes to conclusion that some new point has emerged and some document though exhibited in examination-in-chief is incomplete or has been left out inadvertently either by witness..........

Showing : 61-70 of 266 Results