Civil Procedure Code, 1908, Section 151 -- Witness not present for cross examination - Court passed an order to eschew the chief evidence affidavit - Witness is an old man, aged about 69 years who was suffering from fever and jaundice - Medical certificate were produced in support of said fact - However, trial Court has not referred to any medical certificate produced by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 325, 427, 504, 506(2), 114 -- Quashing of FIR - Offence u/ss 323, 325, 427, 504, 506(2), 114 IPC - Amicable settlement arrived at between parties - Complainant filed a specific affidavit that on account of misconception, complaint is filed and he is no longer interested in prosecuting matter..........
Rajasthan Rent Control Act, 2001, Section 22, Civil Procedure Code, 1908, Section 47 -- Rent and eviction - Objection as to executability of compromise certificate on ground of unfit mental state - Dismissal of application - Tenant entered into compromise with landlord agreeing for his eviction from suit shop on condition of wavier if arrears of rent - Medical certificate..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 18 -- Quashing of FIR - Kidnapping - Mother of victim filed an affidavit that both victim and accused have been married and residing happily - It would not be in fitness to continue judicial process and therefore FIR quashed...........
Civil Procedure Code, 1908, Order 6, Rule 15(4) -- Affidavit in support of pleadings - Provision to file affidavit in support of pleadings is mandatory - However, non filing of affidavit in support of pleadings may not be fatal in every case...........
Civil Procedure Code, 1908, Order 6, Rule 15(4) -- Affidavit in support of pleadings - Affidavit so filed is not part of pleadings but is an independent document to be filed in support of pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 1, 15(4) -- Affidavit in support of pleadings - Duly verified written statement without accompanying an affidavit, as required U.O.6.R.15(4) does not mean that it is incomplete...........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 15(4) -- Replication - Affidavit in support of replication is required to be filed...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction to investigate - Without insisting upon complainant to file affidavit - Order is unsustainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and injunction - Suit is at the stage of cross-examination of PW1 - Amendment sought to seek possession of suit property - However, no reasons stated in affidavit accompanying application with regard to due diligence and why plaintiffs could not bring amendment earlier - Plaintiffs..........
