Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C - Not supported by an affidavit - Cannot be entertained by Court...........
Arbitration and Conciliation Act, 1996, Section 34(2)(a) -- (Prior to amendment) - Arbitral award - Evidence by way of affidavit - Person may not be permitted to file affidavit by way of evidence/additional evidence, if from record before arbitrator, same can be established and proved that subject matter of dispute is not capable of settlement by arbitration under the law..........
Arbitration and Conciliation Act, 1996, Section 34(2)(a) -- (Prior to amendment) - Arbitral award - Evidence by way of affidavit - In exceptional cases and if it is brought to Court on matters not containing record of arbitrator that certain things are relevant for determination of issue arising u/s 34(2)(a) of the Act, then party who has assailed award on the grounds set..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commission - Application not supported by any affidavit and in fact referred to plaint which was duly supported by affidavit - Moreover, no explanation furnished by plaintiff as to why and how he could not have access the documents required or even importance or relevance of said documents - Even, no..........
Civil Procedure Code, 1908, Order 5, Rule 19 -- Service of summons - Requisite affidavit not sworn by process server - Report made by Nazir over the summons, does not fulfill the mandatory requirement of O.5.R.19 CPC...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Quashing of summoning order - Accused summoned on the basis of affidavit of power of attorney holder - Power of attorney not witnessed transaction or possess due knowledge regarding said transaction - Power of attorney could not depose and verify on oath - Order taking cognizance set aside - Matter..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Matter was already at the stage of cross-examination of complainant - Necessary affidavit was produced on record - Documents were exhibited and part of cross-examination was taken - Trial Court rather than dismissing..........
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..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Where defendant files application seeking sending document to expert for comparison of signature, defendant shall aver in affidavit about his admitted signatures, on authentic documents available for comparison - Without making available admitted signatures, ordering interlocutory application..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - One `R' was witness to the report of refusal of process server - `R' submitted his affidavit that he never signed on the report - Wife by her statement and other evidence proved that at the time of service of notice she was not living at the given address and no sufficient evidence in..........
