Showing : 1-10 of 28 Results

KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 4(4), Family Courts Act, 1984, Section 15-- Kerala Family Courts Rules, 1989, R.48 - Recording of evidence on commission - Matrimonial dispute - Judge of Family Court is given power to record only memorandum of substance of what witness deposes only because judge alone can remove chaff from the grain in assessing witness - Forensic skill of..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
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 introducing those documents - In case..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
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...........
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 -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 18, Rule 3A-- Party as a witness to appear before examination of its witnesses - Case of Uma Devi referred wherein held that (1) A party who wishes to examine himself at a later stage is not bound to ask for permission of Court before examining his first witness; (2) party can ask for permission at a later..........
ORISSA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-- Recall of a witness for further cross examination - (1) Power of Court is discretionary power which should be used sparingly in appropriate cases (2) Power should be exercised to clarify any doubt it may have in regard to the evidence led by the parties (3) Discretion not to be exercised to allow..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Defendant/respondent led evidence on issue No.4 which relates to recovery of amount from plaintiff/petitioner by way of counter claim - Held, since onus to prove issue No.4 is on defendant, therefore, petitioner can lead evidence to rebut same and hand writing expert can be..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 18, Rule 4-- Examination-in-chief - Affidavit in lieu of - Irrelevant evidence - Held, Court cannot permit the party to lead an irrelevant evidence or evidence not related to issue even in affidavit filed by way of examination in chief in lieu of oral evidence - O.18.R.4 in has to be r/w O.18.R.2 which clearly..........

Showing : 1-10 of 28 Results