Rent and Eviction -- Bona fide need - Defendants denied the bona fide need of plaintiffs in their affidavit - Said affidavit by itself could not have been the sole basis for coming to a conclusion that plaintiffs did not have bonafide need of the suit premises without examining material on record...........
Rent and Eviction -- Bona fide need - Trial Court had passed a decree for eviction on the basis of evidence on record which was reversed by Appellate Court - It was therefore necessary for High Court to have taken into consideration the entire material available on record including affidavit of defendant which denied bona fide need of plaintiffs - Thus, by failing to do..........
Evidence Act, 1872, Section 3 -- (Bharatiya Sakshya Adhiniyam, 2023, S.2) - Suppressing financial details in affidavit - Held, suppression is not or cannot be said to be a false statement...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Victim was employed as a driver on a fixed monthly salary of Rs.10,000 - Salary certificate of deceased is further corroborated by affidavit sworn by victim's employer - Determination of income must be founded on proof placed on record and cannot rest on conjecture or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - While deciding application U.O.39.Rr.1, 2 CPC, Civil Court can very well place reliance upon affidavit so also material placed before it which may also include documents pertaining to criminal investigation/case or documents pertaining to revenue records or orders passed by revenue Courts regarding..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - No specific averment in complaint that attorney holder witnessed the transaction as an agent of company or that he is having knowledge regarding transactions and execution of cheque - His proof affidavit shows that he became conversant with facts of case..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Earlier marriage of wife with one `M' is an admitted position - Wife could not adduce sufficient evidence in support to show that said earlier marriage was lawfully dissolved and that she is no longer his legally wedded wife - Reference to affidavit in..........
Muslim Law -- Dissolution of marriage - Marriage cannot be dissolved by way of an affidavit made before Notary...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Interim maintenance - Income of husband - Court can draw adverse inference against a husband, who despite being given ample opportunities fails to file an affidavit disclosing his income and assets...........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - In order to accept service as valid service particularly, when report is to the effect that respondent refused to accept summons then, it become duty of Court to examine Process Serving Officer if his report is not on affidavit - Even if Process Serving Officer gives his report on affidavit,..........
