Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence of complainant - May be given on affidavit not only during course of trial but even prior to issue of process...........
Evidence Act, 1872, Section 58 --- Facts admitted in affidavit - Should be treated as admission...........
Contempt of Court -- Anticipatory bail granted - Despite that contemnor took into custody the person who has already been released on bail by Court - Held, conduct of contemnor makes it clear that his action is in disregard to Court's order - Therefore, Court holds him guilty, as at the first instance he had not offered unconditional apology and apology offered by him in..........
Insurance claim -- Surveyor-'s report - Expert report - In order to rebut the report of the Surveyor petitioner filed the report of Architect and report prepared by the Civil Engineer assessing the loss suffered him in fire to the factory building/shed - The Civil Engineer filed his affidavit in support of the report submitted by him - Respondent-Insurance Company did not..........
Civil Procedure Code, 1908, Order 13, Rule 4, Civil Procedure Code, 1908, Order 18.4 -- Objection to admissibility of a document which is introduced in the affidavit tendered as examination-in-chief - Can only be raised at the time of cross examination of the witness introducing those document - Decision on objection has to be taken at the time when the same is raised and..........
Civil Procedure Code, 1908, Order 18, Rule 4, Evidence Act, 1872, Section 137 -- Witness present for cross examination whose affidavit of examination-in-chief was tendered and opportunity to cross examine witness not availed - No prejudice caused to defendant if this witness did not enter the witness box...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso Plaint and counter - Amendment - Commencement of trial - Held, trial begins when issues are framed and case is set down for recording evidence - Date on which issues were framed is date of first hearing and further that filing of an affidavit in lieu of examination-in-chief of witness would amount to commencement of..........
Civil Procedure Code, 1908, Order 9, Rule 13, 6 -- Ex parte decree - Defendants appeared but failed to file written statement - Ex parte decree against defendant - Setting aside of - Held, if in the suit in which defendants appear but failed to file written statement, however plaintiff had filed evidence either on affidavit or otherwise, then decree passed on the basis of..........
Group Mediclaim Insurance Cover -- Insurance claim Repudiation Pre-existing disease Suppression of material facts At the time of taking the medical claim petitioner only signed the cover note because Respondent had not attached the detailed proposal form with this note This is confirmed by the investigation report of the Investigator appointed by the Respondent/Insurance..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Application supported by affidavit - If Court is not satisfied with affidavit, then an opportunity had to be granted to produce medical evidence, instead of straightway jumping to dismiss the appeal...........
