Showing : 1-10 of 608 Results

BOMBAY HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 18, Rule 3A-- Party as his own witness at later stage - Permissibility - Court in exercise of its discretion can regulate the manner in which as well as extent to which such party can be permitted to appear as his own witness at a later stage - It cannot be said that if no application is made U.O.18.R.3-A CPC,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Plaintiff cannot be allowed to lead evidence in rebuttal in respect of an issue, the onus of which was on the plaintiff himself - As plaintiff did not lead any evidence in affirmative much less any Handwriting and Fingerprint Expert to prove the Will to be forged, nor any right..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17A-- Additional evidence - Audio CD conversation - Divorce petition - Factum with regard to existence of audio CD sought to be adduced on record as additional evidence was very much in knowledge of husband before commencement of trial and at the time of leading evidence - Court below ought not to have..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 3A-- Party as its own witness - Party can appear as its own witness after examination of other witnesses with permission of Court - Such permission may also be sought at later stage and if Court finds merit in the same it would not be debarred from acceding to such a prayer...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Right to begin - Partition suit - Defendants alleged that some of properties are not partiable and they became exclusive owners of suit property after death of their father - In view of said stand, defendants shall begin first - Only when defendants lead some evidence in proof of their case,..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 1, 2-- Right to begin - Application by plaintiff for issuance of direction to defendant to lead evidence first - Court does not have power U.O.18.R.1 CPC much less U.O.18.R.2 CPC to entertain application of plaintiff for issuance of directions to defendant to lead evidence first - Right to begin will..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 1, 2-- Right to begin - Application by plaintiff for issuance of direction to defendant lead evidence first - Court can only entertain purshis of plaintiff stating the he does not desire to lead evidence as no burden is cast on him and if convinced, Court may accept purshis and give liberty to defendant..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of witness - O.18.R.17 CPC should not be resorted to facilitate rectification of an error and removal of lacunae in the course of trial...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of witness to exhibit document already on record - Illiterate agriculturist pitted against a developer - Failure to exhibit document on record is clearly attributable to plaintiff's counsel - To allow plaintiff to suffer consequences of his counsel's mistake would entail manifest injustice..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Examination of expert in rebuttal after closure of evidence of plaintiff - Plaintiff cannot lead evidence in rebuttal in respect of an issue, onus of which was on plaintiff himself...........

Showing : 1-10 of 608 Results