Civil Procedure Code, 1908, Order 44, Rule 3 -- Indigent person - Inquiry as to - Unless the Government Pleader or respondent disputes the truth of statement in affidavit, no such inquiry into the question whether or not the applicant is an indigent person, is necessary...........
Hindu Marriage Act, 1955, Section 9, 23 -- Restitution of conjugal rights - Ex parte decree - Ex parte decree passed by accepting proof affidavit filed by husband, even without recording satisfaction of Court in terms of S.23(1)(a) of the Act - Ex parte decree set aside subject to payment of cost of Rs.3,000/-...........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 166B, 337, 338 -- Direction for Registration of FIR - Medical negligence - Complaint prima facie disclose negligence of medical practitioner while treating patient - Dismissal of complaint only on the ground that affidavit not filed alongwith complaint, not proper - Affidavit not filed with..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Allowed for the reason : (i) It was averred in application as to why additional evidence could not be filed in the suit; and that (ii) why there was delay on their part in filing such evidence at appellate stage; (iii) averments in application were supported with an affidavit, which..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Negatives of photographs - Court below rejected the application on the ground that negatives not mentioned in the list of reliance and affidavit of photographer, who allegedly clicked the photographs - However, it would be appropriate if trial Court considers the application after petitioners/plaintiffs are allowed to..........
Civil Procedure Code, 1908, Order 19, Rule 2, Evidence Act, 1872, Section 3 -- Affidavit - Cross-examination of deponent - Permissible only in case of affidavit filed by third parties and not to affidavits filed by parties to proceedings as affidavit filed in support of petition is not treated, as an affidavit filed by way of evidence...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Recoding of evidence - Mere marking of a document as an exhibit does not dispense with its proof - Party leading evidence by way of affidavit is not required to exhibit or mark any document and to decide whether document is to be exhibited or marked, as the same is to be decided by Court - Moreover, execution of document in..........
Civil Procedure Code, 1908, Section 151 -- Correction of error in affidavit - U, signed affidavit - Court is duly vested with powers u/s 151 CPC to correct any error and if there is any mistake on the part of witness by not putting the signature on the affidavit, Court can certainly ask such person to do the needful - Moreover, objection to the same has to be pointed out..........
Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 104 -- Conferment of proprietary rights - Proprietary rights qua suit land exclusively conferred upon defendant No.1 u/s 104(3) of Act on basis of affidavit filed by plaintiff in which he admits that he was not tenant with defendant No.1 - However, said right was obtained on illegal order passed by authority..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 4, Civil Procedure Code, 1908, Order 18, Rule 4 -- De-exhibiting of documents tendered alongwith affidavit of examination-in-chief - A party can raise objection qua admissibility and mode of proof of documents tendered along with affidavit of examination-in-chief at the time of cross examination of the witness..........
