Civil Procedure Code, 1908, Order 18, Rule 2, 4, Evidence Act, 1872, Section 138 -- A witness proposed to be examined present in Court when cross examination of other witness was in progress - Trial Court held that evidence of that witness cannot be recorded at all and that affidavit filed by him in lieu of chief-examination be eschewed from consideration - Trial Court has..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit - Accused cannot file an affidavit in lieu of chief examination - It is necessary for him to enter the witness box even for chief examination - It is the complainant and the witnesses who could file an affidavit in lieu of chief examination and not the accused...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Ejectment - Sub-letting - Chief examination of landlord - Contradiction - Effect - Petition was filed on an express ground of sub-letting - Ex parte evidence taken and Court ordered eviction initially and later set aside on the ground that statement given by landlord cannot be taken as fully established when he..........
Criminal Procedure Code, 1973, Section 231, 309 -- Sessions trial - Adjournment for cross-examination - Validity - Matter adjourned for two months for cross-examination solely at instance of appellant's counsel on simple ground that counsel is engaged in some other matter in High Court on day when witness examined-i, chief - Held, while granting adjournment Court was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Trial - Examination-in-chief of accused - Affidavit in lieu - Validity - Held, when law provides specific procedure as to how evidence has to be recorded, same has to be followed as it is - Trial Court without looking to said aspect has permitted accused to file an affidavit in lieu of chief examination..........
Evidence Act, 1872, Section 138 -- Cross examination of a defendant by co-defendant - No conflict of interest between the two defendants - No right to cross examine co-defendant - In case an adverse statement is made by one defendant against another defendant in examination-in-chief then other defendant has right to cross examine such defendant - Such cross examination has..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Substitution of affidavit filed in lieu of chief-examination - Once the affidavit becomes part of record, the party who filed it loses the right and prerogative to change or alter it...........
Indian Penal Code, 1860, Section 395, 396, 397, Evidence Act, 1872, Section 3 -- Dacoity with Murder - Testimony of - Injured witness - Conviction despite some discrepancies - Sustainability - Discrepancies regarding number of accused persons involved - Eye-witness stated in her examination-in-chief that there were four or five persons but in cross-examination she stated..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Commencement of trial - Held, trial in a civil suit commences from the date of filing of affidavits in lieu of the examination in chief of the witnesses and the proviso to O.6.R.17 of the Code will come into play only after stage of filing of affidavits in lieu of examination in chief of witnesses...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Can be summoned only on the basis of examination-in-chief - No need for any cross examination - Only requirement u/s 319 Cr.P.C. is prima facie evidence of commission of offence - Any person who is not charge sheeted but there is evidence of offence against that person, can be summoned as an accused...........
