Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Vacation of - Injunction order passed restraining defendant from putting up construction on item Nos.1, 2 properties - Plaintiff conceded execution of release deed by sisters and sister's son in favour of defendant - Under such circumstances plaintiff getting half share is bleak - Even if plaintiff's..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment in affidavit of evidence - Affidavit of evidence is not pleadings - Amendment in such affidavit is not permissible...........
Agreement to sell -- Suit for specific performance - Absence of pleading in the plaint that plaintiff is ready and willing to perform his part of the contract - High Court on the basis of affidavit filed in first appeal, that plaintiff is ready and willing to perform his part of the contract, decreed the suit - Held, procedure adopted by High Court to straightaway rely..........
Civil Procedure Code, 1908, Order 19, Rule 1, 2 -- Affidavit - Cross-examination of deponent - Two contradictory stands in two affidavits - Order allowing cross examination of deponent, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought after filing of affidavit of examination-in-chief by plaintiff - Even when application for amendment was filed before date fixed for leading evidence, but interdiction of proviso to O.6.R.17 applies...........
Protection to life and liberty -- Marriage against wishes of parents - Allegation against petitioner no.2 is that he is already married and involved in a case u/s 376(2) IPC - Petitioner no.2 filed a false affidavit by concealing marital status and stating that it is the first marriage of both the petitioners - However, no such affidavit is filed by petitioner no.2 in the..........
Summons -- Service of summons by email and whatsapp - Petitioner permitted to serve both the respondents as per details mentioned in the application - Petitioner would furnish an affidavit that email and whatsapp numbers are correct and that email sent has not bounced back as well as to take a screen shot of service of summons through whatsapp upon both the respondents...........
Criminal Procedure Code, 1973, Section 82 -- Issuance of Non-bailable warrant (NBW) and proclamation u/s 82 Cr.P.C - Application u/s 82 Cr.P.C moved by I.O - Application should be supported by an affidavit of I.O stating reasons why NBW and proclamation u/s 82 Cr.P.C is required, as issue relates to personal liberty of a person guaranteed u/art 21 of Constitution...........
Evidence Act, 1872, Section 137 -- Cross-examination treated as `NIL' - Affidavit of examination-in-chief of witness stated was provided to opponent two days earlier but the same is not acceptable as affidavit was attested on the same day itself - Grave prejudice would be caused to defendant in case an opportunity to cross examine the witness of the opponent is not granted..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-appearance of complainant - Accused acquitted - Complainant could not appear before trial Court on relevant dates due to heart ailment as he was treated in Hospital - He submitted an affidavit u/s 200 Cr.P.C and other documents on record in support of his complaint before said illness - Amount of..........
