Civil Procedure Code, 1908, Section 100, Order 8, Rule 6 -- Counter claim is not treated as cross suit in trial court and cannot be converted into cross suit in second appeal...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - What objections by way of cross objections can be raised - Held that the memorandum of cross objections preferred in respect of a matter in which the appellant is not interested, is not maintainable and has only to be dismissed...........
Civil Procedure Code, 1908, Order 17, Rule 2, 3, Civil Procedure Code, 1908, Order 9, Rule 6, 13 -- Examinatio, i, chief of plaintiff - Counsel sought adjournment to obtain instructions to cross-examine the plaintiff. Adjournment granted. On the adjourned date counsel reported having received no instructions. The matter not immediately disposed of but the Court proceeded..........
Civil Procedure Code, 1908, Section 115 -- Cross examination of defence witness refused on ground of witness coming late - Order illegal - Order quashed...........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 17 -- Recall of a witness for cross examination - Application entertainable u/s 151 CPC - Provisions of O.18.R.17 CPC does not enable such a privilege...........
Punjab Gram Panchayat Act, 1952, Section 102(2) -- Director of Panchayats ordering second enquiry against Sarpanch - Acts in administrative capacity and not in a quasi - judicial capacity - Affording of opportunity to show cause against holding of second enquiry - Not necessary. Where it was contended that the petitioner should have been afforded an opportunity of showing..........
Evidence Act, 1872, Section 137 -- Fact stated in examination-in-chief - If not disputed in cross examination then the same is deemed to be admitted...........
Civil Procedure Code, 1908, Order 19, Rule 1 -- Proviso - Affidavit - Where either party bonafide desires the production of the deponent for cross-examination and such deponent can be produced, Court has no power under rule 1 to order affidavit evidence...........
Civil Procedure Code, 1908, Order 19, Rule 1 -- Cross examination of deponent - It is discretion of court to allow - However, power is to be exercised judiciously and not arbitrarily...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Document marked when referred to in cross examination though not earlier marked as an exhibit - Consistent practice followed in the Courts in Maharashtra - Marking of document as exhibit by such a process does not dispense with the requirement of proof of execution, contents and genuineness of the..........
