Evidence Act, 1872, Section 3, Civil Procedure Code, 1908, Order 18, Rule 4 -- Recording of evidence by video/audio/teleconferencing or internet conferencing - It is legally permissible both in civil, criminal and matrimonial matters, where attendance of witness cannot be ensured without delay, expenses and inconvenience...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Recording of evidence - Words `Witness in attendance' shall be taken as person being present - It need not be physical presence, thus, recording of evidence through audio, video link or through internet by Skype or similar technological device is permissible complying words in attendance...........
Civil Procedure Code, 1908, Order 18, Rule 4(4), 12 -- Recording of evidence on commission - Commissioner has to observe and record demeanor of witnesses or such other remarks or objections in depositions as per O.18.Rr.4(4), 12 CPC - While video or internet recording of evidence and presenting same in electronic disk, Court during arguments can go through recorded..........
Civil Procedure Code, 1908, Order 26, Civil Procedure Code, 1908, Order 18, Civil Procedure Code, 1908, Order 16 -- Presence of parties and witnesses - Does not mean actual physical presence either in Court or before officer of Court, particularly in matrimonial matters...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Production of documents - Defendant seeking production of three documents at the stage of evidence of defendant - Right of filing additional documents cannot be denied at this stage as mere receiving of documents will not give any right or title to respective parties in suit, as marking of document and its admissibility will..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Additional and rebuttal evidence - Difference - Additional evidence is with respect of a fact which was not within the knowledge or same could not be known by party despite due diligence - Whereas, in rebuttal evidence right is with respect to an issue which was already within the knowledge of party and party had..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of plaintiff for further cross-examination - Recall on the left out points is wholly improbable in law, as having sold the property in favour of defendant No.2, defendant No.1 filed the application for further cross examination without specifying as to which of the question was left out to be put in cross-examination,..........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Provision U.O.18.R.3A is not an absolute bar for examination of party to a suit at a later stage - There is always a discretion of Court to allow party to be examined at later stage...........
Civil Procedure Code, 1908, Order 18, Rule 3A, Representation of the Peoples Act, 1951, Section 87 -- Election petition - Strict adherence to provisions of CPC, while trying election petition - Not required...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Defendant already adduced his evidence in affirmative - Plaintiff cannot be allowed to lead evidence in rebuttal on the issues, onus whereof lies upon plaintiff...........
