Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Filing of fresh affidavit of examination-in-chief - With the filing of fresh affidavit of examination-in-chief, earlier affidavit filed cannot be allowed to be withdrawn...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 4 -- Affidavit of examination-in-chief - Once filed cannot be withdrawn - Deponent may file an affidavit subsequent to it and to add or supplement facts - Provision of O.18.R.4 CPC does not limit to file a single affidavit - However, deponent not be allowed to keep on filing fresh affidavits to keep improving his case..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 4 -- Affidavit of examination-in-chief - When a new affidavit of examination-in-chief is filed the earlier one cannot be allowed to be deleted from record - All the affidavits shall form part of record - Other side shall have authority and opportunity to cross examine the witness on the basis of his affidavits as..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Defendant was not residing at given address where summons were served - However, nowhere in application it has been averred that defendant had shifted to which place - Application was supported by affidavit of defendant showing same address as in summon - No sufficient cause has been shown by..........
Stamp Act, 1899, Section 47A(4) -- (as amended in State of U.P) - Deficient stamp duty - Penalty - Neither there is any reference of on spot inspection report or sketch map in impugned order of determining deficiency of Court fee and imposing penalty, nor same has been filed in the counter affidavit by respondents to refute the allegations made by petitioner in writ..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Plaintiff has stated in the affidavit on oath that documents were originally available with him but could not be traced out at the time of leading ex parte evidence - Plaintiff has satisfied the requirements of S.65 of the Act...........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution - Attachment of property - Executing Court wanted to issue fresh attachment and notice U.O.21.R.54 CPC to avoid any objections and defects in sale of suit property to be conducted in Court auction - Court thus, directed JD to furnish his correct residential address with door number by way of affidavit, failing..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Leave to defend - It is apparent that apart from shop number, landlady had also identified property by giving description of properties situated in all four directions - Tenants themselves claim that they are in possession of shop which is a part of bigger building - Thus, there is no dispute..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to - Analysed - (1) High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints u/s 138 of the Act from summary trial to summons trial; (2) Inquiry shall be conducted on receipt of complaints u/s 138 of the Act to arrive at..........
Medical education -- Affiliation for B. Pharma course - Grant of - Pharmacy Council of India granted approval to Colleges with intake capacity of 100 and 60 admissions/students respectively - Petitions filed by petitioners challenging policy decision of State Government restricting number of pharmacy colleges only two per district allowed by High Court - State Government..........
