Showing : 1-10 of 63 Results

CALCUTTA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29-- Recovery of 60 cakes and 110 capsules of Hashish - Recording of evidence of official witnesses on affidavit - There is no provision in NDPS Act permitting recording of evidence of members of raiding party by way of affidavit - However, members of raiding party deposed by filing affidavit evidence..........
KERALA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 137-- Dishonour of cheque - An accused is not entitled to give evidence on affidavit - Affidavit of examinatio, i, chief of accused is no examinatio, i, chief of accused - Tendering of a witness for cross examination, without conducting examinatio, i, chief amounts to giving up of the witness - Evidence..........
DELHI HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 251-- Dishonour of cheque - Evidence of complainant by way of affidavit - Cross examination of complainant - Permissible only when accused makes an application by pointing out on what point he wants to cross examine the witness(es) and then only Court shall recall the witness by recording reasons..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 15, 16, Evidence Act, 1872, Section 137-- Maintenance - Evidence by way of affidavit - Cross examination of witness - Provisions of Ss.15 & 16 of Family Courts do not render evidence taken on affidavits to be illegal - However, a witness has to be subjected to cross examination and that right has to be given and cannot be closed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 3A-- Party as its own witness - Permission to appear after examination of other witnesses - After examination of eight witnesses plaintiff tendered his affidavit of examination-in-chief - No objection raised by defendant at that stage - Permission was thus impliedly granted - On the next date of..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141, 142, 145-- Dishonour of cheque - Complaint by power of attorney holder - Offence by company - Power of attorney holder gave evidence on affidavit u/s 145 of the Act by mentioning in verification clause that all facts stated in affidavit are true to his knowledge - However, cross-examination of CW1 reveals..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
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...........
DELHI HIGH COURT
Year of decision: 2016
Details
Will-- Probate - Attestation or notarization of Will is not required to seek probate - However, judicial notice can be taken of fact that party may get Will notarized being ignorant of said fact. (Para 10) Will - Probate - Variation of signatures of daughter of testator on attested notarized Will -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 4, Civil Procedure Code, 1908, Order 5, Rule 17, 19-- Ex parte order - Setting aside - Process server failed to observe mandatory requirement of O.5.R.17 CPC, before resorting to record refusal straightaway, without even, obtaining statement of witness to that effect - Even no affixation was done at door or on conspicuous place/part of house of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151-- Correction of error in affidavit - U, signed affidavit - Court is duly vested with powers u/s 151 CPC to correct any error and if there is any mistake on the part of witness by not putting the signature on the affidavit, Court can certainly ask such person to do the needful - Moreover, objection..........

Showing : 1-10 of 63 Results