Civil Procedure Code, 1908, Order 18, Rule 4 -- Examinatio, i, chief - Affidavit - Witness is required to enter witness box to testify the contents of his respective affidavits - Affidavit does not form part of evidence unless deponent enters the witness box and confirms that the contents of the affidavit are as per his say and the affidavit is under his signature and this..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Link evidence - Affidavit of constable who took the sample to office of Chemical Examiner not tendered for cross examination - Link evidence missing - Material Infirmity...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Examination-in-chief - Filed by way of affidavit - Failure to mention certain details in the affidavit - Does not preclude the plaintiff to enter the witness box to depose further - It also does not preclude the Court from permitting the plaintiff to lead further evidence of examination-in-chief before the Court in addition..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Link evidence - Affidavit of MHC with whom case property was deposited and the constable through whom sample was sent for Chemical Analysis tendered in Court but not produced in Court for their cross examination - It is a material lacuna which knocks at the bottom of the case - Conviction set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Link evidence - Prosecution must prove link evidence - Affidavits of formal witnesses to prove link evidence tendered - Contents of affidavit not put to accused - Prejudice caused to accused - Accused acquitted...........
Medical negligence -- Documentary evidence - Document signed by doctor - Neither the doctor given his affidavit nor the complainant summoned him as witness - His statement recorded on the treatment record that relatives of the patient opted for surgery at PGIMER only loses credibility...........
Consumer Protection Act, 1986, Section 3,2(1),(d), Evidence Act, 1872, Section 115 -- Additional remedy - Estoppel - Consumer - Respondent already opted for a certain route for redressal of a grievance relating to per sq. yard price of plot - He was no more the owner of the plot having passed on the interest of the plot to somewhere else with permission to sell upon his..........
Affidavit -- When neither affidavit in rebuttal is filed nor averments made in affidavit are controverted then averments made in affidavit must be accepted as true and correct drawing the presumption in favour of the petitioner. (Evidence Act, 1872, S.114(g)...........
Drugs and Cosmetics Rules, 1945, Rule 63 -- Drug licence - Renewal - Rule 63 says that if application is made within 6 months of its expiry after the payment of additional fees, licence shall continue to be in force until orders are passed on the application - Petitioners case is that immediately after expiry of licence he moved an application for renewal - Challan forms..........
Consumer Protection Act, 1986, Section 13(2),(i) -- Medical negligence - Evidence by way of affidavit not led by any party - Illegality writ large on the face of it - Order passed by the State Commission set aside and the case remanded back to the State Commission to give an opportunity to both the parties to lead evidence by way of affidavits as also permit..........
