Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - An accused is not entitled to give evidence on affidavit - S.145(1) of the Act does not confer a right on accused to give evidence on affidavit - Right available to a complainant to adduce evidence by affidavit in lieu of examinatio, i, chief, is not available to an accused...........
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 -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents which defendants propose to mark are in no way connected with suit property - Such documents are irrelevant documents and not material to facts in issue in the case - Even there is no pleading in written statement regarding such documents - No reasons were substantiated by..........
Evidence Act, 1872, Section 137, Civil Procedure Code, 1908, Section 47, Order 19, Rule 1 -- Execution - Affidavit - Cross examination of deponent - High Court allowed parties to adduce evidence by affidavits and documents - Necessarily it includes examination of witnesses with relation to documents which are produced - Impugned order declining cross examination of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No specific incidents, dates or particulars of cruelty, harshness or unusual temperament, detailed in divorce petition - Husband failed to provide necessary particulars in terms of R.7 of Hindu Marriage Rules - Mere sweeping allegations are made in pleadings and in affidavit leading..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23(2) -- Proceedings u/s 12 or S.23(2) of the Act - Evidence by way of affidavit - Court in its discretion can allow evidence on affidavit and permit cross examination to test veracity of the evidence...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Application for amendment filed at belated stage when case fixed for evidence of petitioner - Furthermore, application filed U.O.6.R.17 CPC does not disclose as to why these..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Vague allegations of cruelty based on assertion of beating and harassment for dowry made by wife - Same uncorroborated by evidence - Bald allegations made by wife are absolutely ambiguous and no, specific - Neither in her pleadings nor in her affidavit wife narrated any specific case of..........
Negotiable Instruments Act, 1881, Section 138, 145(1) -- Dishonour of cheque - Mandate of legislature is trial of such cases in a summary manner - Evidence already given by complainant by way of affidavit is sufficient proof of offence and this evidence is not required to be given again and has to be read during trial - Witnesses i.e. complainant and other witnesses can be..........
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..........
