Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Lawyer engaged passed away - Such averment made in application supported by an affidavit - Sufficient cause for non appearance established - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 41, Rule 3A, Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay - Delay of 168 days in filing appeal - No sufficient cause mentioned in the affidavit regarding delay except making bald unsubstantiated allegation - Basing on lame excuse or unsubstantiated cause, it is difficult to condone delay - Delay not condoned -..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Deposition in affidavit of examination-in-chief beyond pleadings - Whether particular evidence in the shape of examination-in-chief affidavit pertains to the fact in issue or to the relevant facts, cannot be determined by High Court but opposite party will have sufficient opportunity to impeach the credibility of deponent by..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Deposition in affidavit of examinatio, i, chief beyond pleadings - Whether particular evidence in the shape of examinatio, i, chief affidavit pertains to the fact in issue or to the relevant facts, cannot be determined by High Court but opposite party will have sufficient opportunity to impeach the credibility of deponent by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 251 -- Dishonour of cheque - Exemption from personal appearance - Till arguments on the point of framing of notice u/s 251 Cr.P.C. are concluded, personal appearance of petitioners be not insisted by trial Court upon petitioners filing an application u/s 205 Cr.P.C. along with their..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Documents in question were already on record which were filed with evidence on affidavit and were tendered for marking - But same were not marked as exhibits - Application for recall of witness in order to lead further evidence for the purpose of marking those documents as exhibits - Application..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit in lieu of examination-in-chief - Affidavit to contain only the relevant facts in issue - Affidavit should not be beyond pleadings and which is irrelevant to the issues framed - In case there are totally irrelevant depositions ex facie, Court can direct deponent to file fresh affidavit after deleting the irrelevant..........
Indian Penal Code, 1860, Section 366, 368, 377, 342, 511, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Unnatural offence - Quashing of proceedings - An affidavit of victim's mother or victim denying the alleged offence does not make out a case for quashing FIR as it only proves that accused meddles with witnesses and he is in a position to influence the..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 26, Rule 4 -- Examination of witness on oath by oral evidence before Commissioner - Permissibility - Oral evidence has not been prohibited to be produced as per O.18.R.4 CPC and O.26.R.4 CPC - No distinction can be made for the purpose of recording of examination-in-chief by oral evidence or by..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Evidence - Affidavit of examination-in-chief - Not sworn before authority - Legally and technically there is no examination-in-chief on record - It is duty of Court to return the same for swearing affidavit in accordance with law so that it could become evidence within meaning of O.18.R.4 CPC - Matter remitted for decision..........
