Rajasthan Rent Control Act, 2003, Section 21 -- Powers of Rent Tribunal - Application of Legal Representatives of original tenant for taking his affidavit on record - Dismissal of - Validity - Original tenant submitted his affidavit in defence - Factum of death of original tenant was also before Appellate Tribunal - In case LRs of tenant was allowed to file the affidavit..........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Disputed signatures - Agreement to sell executed between parties - Complainant contended that accused played a fraud with him as at the time of entering into agreement to sell, land in question was already acquired by State, therefore accused had no authority to sell the land even on basis of SPA - Accused..........
Indian Penal Code, 1860, Section 302, 148, 149, 147 -- Murder - Non-examination of material witnesses - Neither `D' in whose house occurrence took place nor his wife who came immediately after the occurrence were examined - However, presence of `D' is not established and his wife reached immediately after occurrence - Wife of `D' filed an affidavit in trial Court in which..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Timing of registration of FIR - DGP Punjab is directed to issue instructions that no FIR shall be registered showing time `00 hours to 00 hours' as regards any occurrence, unless of course occurrence actually takes place within that time i.e between 00.00 hours to 00.59 hours - However, if there are any cogent reasons, as..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Leave to defend - Bonafide necessity - Plea of tenant is that petition has been filed in trade name and not in the name of tenant - Affidavit filed in support of leave to defend application shows that tenant has not raised this specific plea in affidavit in support of leave to defend application - Even,..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objection - Requirement of affidavit, (i) no affidavit is required to be filed with application u/s 34 of the Act except an affidavit needs to be filed only to extent that requirement of giving advance notice has been complied with; (ii) affidavit needs to be filed only in case contents have to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- In applications U.O.39.Rr.1, 2 CPC, facts can be proved by affidavit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plea that averments in affidavits cannot be taken into account - Held, not tenable as CPC itself carves out an exception to the rule `affidavit is not evidence', by permitting certain facts to be proved by affidavit...........
Affidavit -- Law of affidavit is found in Civil Procedure Code and not in Evidence Act...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Evidence of complainant by way of affidavit - Cross examination of deponent - Reasons need to be assigned to seek cross-examination of deponent - It is obligatory for Court to recall complainant or its witnesses, if an application is made in that behalf - Moreover, no prejudice, whatsoever,..........
