Civil Procedure Code, 1908, Order 19, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 4(2), Evidence Act, 1872, Section 3 -- Affidavit - Evidence by way of affidavit - Not evidence unless an opportunity of cross examination of deponent is given to the other side...........
Civil Procedure Code, 1908, Order 19, Rule 1, Evidence Act, 1872, Section 3 -- Affidavit - Evidence by way of affidavit - An affidavit can be termed to be an evidence within the ambit of S.3 of Evidence Act only in those cases where the same is filed at the instance or under the direction of the Court or where law specifically permits for proof of anything by affidavit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration that suit property is coparcenary property and sale deed in favour of defendant No.1 is null and void - Amendment sought to take a plea that even if suit property is not considered as coparcenary, then also it has to be considered having been voluntary thrown in common stock by..........
Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance pendente lite - Bald assertion made by husband that he was no longer in employment - It was not disclosed by husband when exactly and in what circumstances he had ceased to remain in employment, nor did he file any counter affidavit in support of his contention to rebut wife's affidavit - Fact that husband was not in..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Materials on record show that minor was subjected to physical assault by petitioner resulting in grievous injury and hospitalization in the course of her employment as a domestic help in petitioner's household - Petitioner filed an affidavit stating that she is willing to deposit a sum of Rs.2 lakhs with..........
Evidence Act, 1872, Section 3 -- Affidavit - Evidentiary value - Affidavit of a witness with regard to facts in issue cannot be treated as a statement of deponent before Court - Such affidavit cannot be treated as `evidence' u/s 3 of the Act unless law otherwise permits it...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29 -- Recovery of 60 cakes and 110 capsules of Hashish - Recording of evidence of official witnesses on affidavit - There is no provision in NDPS Act permitting recording of evidence of members of raiding party by way of affidavit - However, members of raiding party deposed by filing affidavit..........
Negotiable Instruments Act, 1881, Section 138, 145, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Examination of complainant u/s 200 Cr.P.C. - Not necessary if evidence is given by way of an affidavit...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - An accused is not entitled to give evidence on affidavit - S.145(1) of the Act does not confer a right on accused to give evidence on affidavit - Right available to a complainant to adduce evidence by affidavit in lieu of examinatio, i, chief, is not available to an accused...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 137 -- Dishonour of cheque - An accused is not entitled to give evidence on affidavit - Affidavit of examinatio, i, chief of accused is no examinatio, i, chief of accused - Tendering of a witness for cross examination, without conducting examinatio, i, chief amounts to giving up of the witness -..........
