Evidence Act, 1872, Section 154 -- Cross examination of one's own witness - Provision not only applies to Criminal Courts but also to Civil Courts...........
Evidence Act, 1872, Section 154 -- Hostile witness - Provision is not merely confined to application before Criminal Courts but is equally applicable to the civil Court as well...........
Evidence Act, 1872, Section 154 -- Hostile witness - Provision is applicable to civil Courts also - Permission to cross-examine one's own witness not to be granted on the mere asking - If Court is satisfied that the witness is not stating the truth and expresses a hostile attitude only then permission can be granted - Court at the relevant portion of the deposition of the..........
Consumer Protection Act, 1986, Section 13,14(2),14(3) -- Complicated issue - Loan - Interest - Charging of - Dispute with regard to charging of excess interest - District Forum rejected the complaint in limini holding that the complainants have to work out their remedy in a competent Civil Court inasmuch as the action in question involves voluminous evidence to be taken..........
Civil Procedure Code, 1908, Order 3, Rule 2, Evidence Act, 1872, Section 118 -- Power of attorney holder - Witness - Can be examined as a witness on behalf of the party - There is no express bar made in the provisions of C.P.C. to debar the power of attorney to be examined as a witness on behalf of the parties to the proceedings. 1998(3) Civil Court Cases 539 (Raj.) not..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Finding of fact - High Court cannot interfere with finding of fact even if it is based upon erroneous appreciation of evidence - High Court can set aside a finding of fact if it is not supported by any evidence...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Finding of fact - Interference in second appeal - Courts below failing to consider material and relevant evidence which, if considered, would have led to an opposite conclusion - Held, this is a case where interference in second appeal is necessary...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Defendant No.10 alleged to be colluding with plaintiff - His evidence to be recorded first out of other defendants enabling the defendant to rebut his as well as plaintiff's evidence...........
Civil Procedure Code, 1908, Order 8, Rule 10, 5(2) -- Written statement - Non filing - Judgment - Court before pronouncing judgment has to ascertain whether facts pleaded in plaint need to be proved for granting relief claimed on basis thereof - If Court feels so it can direct that evidence be led in support of such facts pleaded in plaint...........
Civil Procedure Code, 1908, Order 37, Rule 1, 2 -- Summary suit - Receipt unstamped - Summary suit is not maintainable - In a summary suit admissibility of documents has to be seen at the time of filing of the suit - Contention that on payment of penalty receipt can be admitted in evidence - Not tenable...........
