Evidence Act, 1872, Section 126 -- Professional communications - Mere fact that witness happened to be an Advocate, prohibition u/s 126 of the Act will not get attracted...........
Evidence Act, 1872, Section 126 -- Professional communications - An advocate cannot be asked to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment - But this privilege extends only to all communications between client and his advocate in the course of and for the purpose of..........
Evidence Act, 1872, Section 126 -- Professional communications - Counsel may be in possession of other facts which had come to his knowledge otherwise than in the course of and for the purpose of his professional employment - Disclosure of such materials is not prohibited by S.126 of the Act...........
Evidence Act, 1872, Section 126 -- Professional communications - Communication if any made by the client to his advocate with regard to attestation made by advocate as a witness to an agreement executed by his client is not privileged communication protected by S.126 of the Act...........
Evidence Act, 1872, Section 137, 138 -- Cross examination - Closure of right - Petitioners were afforded ample opportunities to cross-examine the witness - There was no plausible reason available for petitioner's counsel for not cross-examining the witness - Opportunity to cross-examine the witness has rightly been closed by trial Court and appellate Court - No..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Document sought to be filed at belated stage - Non mentioning of reasons for not filing application at the earlier point of time - Merely for this reasons application cannot be dismissed considering documents sought to be marked in evidence...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - If a document is sought to be filed at a belated stage is relevant and helps the Court in adjudication, such documents can be received in evidence...........
Family Courts Act, 1984, Section 14 -- Documents - S.14 of the Act, does not enable Family Court to refer to documents which are not proved or marked - Party should be given a chance to prove these documents by placing proper evidence before Family Court...........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures on pronote - Recovery suit - Defendant in her written statement categorically admitted that her signature was obtained on a blank pronote as security for the amount borrowed by her husband - There is thus, no purpose for sending pronote to expert for comparison of signatures - Application rightly..........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 102 -- Suit for declaration of title - Burden of proof - In a suit for declaration of title burden always lies on plaintiff to make out and establish a clear case for granting such a declaration and weaknesses, if any, set up by defendant would not be a ground to grant relief of declaration of title to..........
