Evidence Act, 1872, Section 65 -- Secondary evidence - Affidavit is sufficient to prove the loss of original...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Permission granted to produce audit report - Legality of order - Application does not mention as to how the audit report lost and what efforts were made by Investigating Officer to search the same - Copy of audit report not annexed with application - Further, application was not supported by affidavit of any..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Copy of affidavit - Execution of affidavit has been proved and the original of same was also proved to be lost - It is therefore, required to be proved by leading secondary evidence - Application rightly allowed...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 28(2), Protection of Women From Domestic Violence Rules, 2006, Rule 6(5) -- Domestic violence - Petition u/s 12 of the Act - Court in its discretion can allow evidence on affidavit and permit cross-examination to test veracity of evidence - Court can deviate from procedure prescribed u/s 28(1) r/w Rule 6(5)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 19, Rule 2, Evidence Act, 1872, Section 138 -- Reply to application U.O.39.Rr.1,2 supported by an affidavit - Cross examination of deponent/defendant - Specific grounds as to why such cross examination is necessary has to be stated - Application full of generalities without any specifics and..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence - Rebuttal - Affidavit of examinatio, i, chief - Beyond the scope of additional evidence - Court while finally deciding the case, can ignore the statement which is beyond the scope of additional evidence lead by the other party - However, affidavit cannot be taken off the record as a whole...........
Protection of Women From Domestic Violence Act, 2005, Section 28(2), 12 -- Procedure - Proceedings u/s 12 of the Act - Tendering of evidence by wife in the form of affidavit - Neither illegal nor improper, as S.28(2) of the Act, conferred discretion on Court to lay down its own procedure - Moreover, evidence in the form of affidavit also not prejudiced husband and its..........
Evidence Act, 1872, Section 65B(4) -- Multiple electronic records - Each document purporting to be a print out of electronic record is not required independently accompanied by a certificate - An affidavit filed by a party with regard to compliance with S.65-B(4) of the Act, in respect to multiple electronic records can be treated as requisite certificate...........
Criminal Procedure Code, 1973, Section 162, Evidence Act, 1872, Section 145 -- Affidavit of witnesses produced before Superintendent of police or I.O during investigation - May be a statement of witness during investigation, which is not a substantive evidence - Such statement of witnesses during investigation can be used only for the purpose to contradict the PWs in the..........
Employee's Compensation Act, 1923, Section 30 -- Once insurance company has not deposed so as per its affidavit by way of evidence, in such a case that driving license may in fact turn out to be fake will not exonerate insurance company...........
