Civil Procedure Code, 1908, Order 8, Rule 4(3), Evidence Act, 1872, Section 65A, 65B -- Evidence - Recording - Mode of - Mechanical Mode - Permitted - Video conferencing also Mechanical mode - Admissibility - Evidence by way of video conferencing - Prayer for - Mechanical process includes electronic process - There is no bar on examination of witness by way of video..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Appeal - Remand of case - Appellate Court not concurring with the finding of lower Court - Only two courses were open (i) to reverse findings on said issues of (ii) seek report of trial Court if evidence on such issues is deficient - Remand of case to trial Court for fresh decision on those issues was improper...........
Civil Procedure Code, 1908, Order 18, Rule 1, 3 -- Two sets of defendants - Main issue of actual partition - That issue supported by one set of defendants - Defendant supporting the issue to lead evidence first - That defendant can keep his right reserved to lead rebuttal evidence, the onus of which is on the other set of defendants...........
Civil Procedure Code, 1908, Order 18, Rule 4(2), Civil Procedure Code, 1908, Order 26, Rule 1 -- Local Commissioner to record evidence of a witness - Before appointing a Commissioner, Court to ensure (i) filing of examination-in-chief in the form of an affidavit with a copy to the opposite party; (ii) Immediately thereupon Court to resolve questions as regards the proof..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- `Cause of action' - Meaning - The expression means every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court - Every fact which is necessary to be proved, as distinguished from every piece of evidence which is necessary to prove each fact,..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Document - Marking - Objection on ground of non registration - Except in case of objection relating to deficiency of stamp duty, document can be marked in evidence subject to its decision in the final judgment - Appellate Court can decide the correctness of the said finding, if raised, without remanding the matter for fresh..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Joint possession - In appeal additional evidence sought to be produced - Plaintiff seeking to produce excerpts of revenue record to prove ancestral nature of property - Document collecting excerpts of revenue record was not even tendered by plaintiff in evidence during trial in suit - No plausible..........
Civil Procedure Code, 1908, Section 153, Order 7, Rule 7.and -- Relief not claimed - Can be granted if it is not against the interests of other party - If parties go to trial knowing fully well what is required to prove and adduce evidence in respect of their claims, parties cannot be allowed to say not to look into the evidence when it was considered...........
Housing construction -- Disputed questions of fact - Allegations made about the quality of construction and about the quality of materials used for the construction - There is an affirmation and denial which has to be established by adducing elaborate evidence - It is but proper that the Forum to decide, it must be only a Civil Court, which would be competent to decide..........
Punjab Civil Services ( Punishment and Appeal) Rules, 1970 -- Departmental Inquiry - Termination - Plaintiff was given an opportunity to examine witness in his defence and lead any other evidence - Plaintiff preferred not to examine any person including himself and was satisfied with the reply already given to the charge sheet - Said statement signed by the plaintiff - It..........
