Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - L.R. of deceased plaintiff cross examined on several dates - Death of witness before completion of his cross examination - Suit cannot be decreed only on the basis of affidavit of said witness...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Object - It is to minimize disposal time of recording evidence as well as dispensing with lengthy procedure of Court for recording evidence of every witness produced before it or summoned to appear before it...........
Motor Vehicles Act, 1988, Section 169, Civil Procedure Code, 1908, Order 18, Rule 4 -- Accident - Claim petition - Examination-in-chief on affidavit is permissible at discretion of Tribunal, subject to any objection being raised by defendants, which will require decision thereon by Tribunal - Moreover, cross-examination and re-examination is not permissible on affidavit..........
Evidence Act, 1872, Section 3, Civil Procedure Code, 1908, Order 18, Rule 4 -- Recording of evidence by video/audio/teleconferencing or internet conferencing - It is legally permissible both in civil, criminal and matrimonial matters, where attendance of witness cannot be ensured without delay, expenses and inconvenience...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Recording of evidence - Words `Witness in attendance' shall be taken as person being present - It need not be physical presence, thus, recording of evidence through audio, video link or through internet by Skype or similar technological device is permissible complying words in attendance...........
Civil Procedure Code, 1908, Order 18, Rule 4(4), 12 -- Recording of evidence on commission - Commissioner has to observe and record demeanor of witnesses or such other remarks or objections in depositions as per O.18.Rr.4(4), 12 CPC - While video or internet recording of evidence and presenting same in electronic disk, Court during arguments can go through recorded..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Recording of evidence through Video conferencing - Plaintiff a heart patient - Video conferencing is an advancement in science and technology which permits one to see, hear and talk with someone located at far away places with comfortable ease - In fact, in such a manner, a person is present before a person having..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Recoding of evidence - Mere marking of a document as an exhibit does not dispense with its proof - Party leading evidence by way of affidavit is not required to exhibit or mark any document and to decide whether document is to be exhibited or marked, as the same is to be decided by Court - Moreover, execution of document in..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 4, Civil Procedure Code, 1908, Order 18, Rule 4 -- De-exhibiting of documents tendered alongwith affidavit of examination-in-chief - A party can raise objection qua admissibility and mode of proof of documents tendered along with affidavit of examination-in-chief at the time of cross examination of the witness..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 18, Rule 4(3) -- Divorce by mutual consent - Recording of statement through Video conferencing - Presence in Court - Does not necessarily mean physical presence - Rule 4(3) provides for recording evidence either by writing or mechanically in presence of the Judge...........
