Criminal Procedure Code, 1973, Section 195, 340 -- False evidence - Merely because accused in plaint and in their affidavit filed in lieu of examination-in-chief in civil suit have stated lease period of 11 months instead of 10 years, does not amount to giving false evidence, as they had no intention to take any favourable orders of Court based on said statement -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Admitted income of husband would come to Rs.3500 as per affidavit filed by him in lieu of chief examination - Even though husband alleged adultery on the part of wife to deny maintenance to her, however, nothing in evidence to prove adulterous life of wife - Similarly, though husband denied..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit by accused - Accused cannot be permitted to file affidavit in lieu of examination-in-chief in proceedings u/s 138 of the Act...........
Evidence Act, 1872, Section 3, Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 16, Rule 1(3) -- Affidavit in lieu of examination-in-chief of a witness not named in the list of witnesses tendered - Evidence of said witness not to be read in evidence, as leave to examine said witness not given - However, liberty is granted to plaintiff to file..........
Civil Procedure Code, 1908, Section 26(2), Order 6, Rule 15(4) -- Affidavit - Filing alongwith plaint as part of verification cannot be used for the purpose of evidence at the time of trial and party has to file a proof affidavit in support of his pleadings in lieu of chief examination at the time of trial...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Affidavit of examination-in-chief of witnesses of accused - Permitting accused to file affidavit in lieu of examination-in-chief is illegal - Trial vitiated on account of procedural lapse - Case remanded for proceeding further from the stage the case was posted for leading defence evidence - Affidavits..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Commencement of trial - Filing of an affidavit in lieu of examination in chief of witness amounts to `commencement of proceeding'...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit in lieu of examination-in-chief - Affidavit to contain only the relevant facts in issue - Affidavit should not be beyond pleadings and which is irrelevant to the issues framed - In case there are totally irrelevant depositions ex facie, Court can direct deponent to file fresh affidavit after deleting the irrelevant..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit in lieu of examination-in-chief - Production of affidavit on record after witness is dropped - Not permissible - Secondly affidavit in absence of any cross examination of said witness is simply a waste paper...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Commencement of proceedings - Filing of an affidavit in lieu of examination-in-chief of witness would amount to commencement of proceeding and trial is deemed to commence when issues are framed and case is set down for recording of evidence...........
