Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Unconditional leave to defend can be granted : (a) If the defendant satisfies the court that he has a good defence to the claim on its merits the plaintiff is not entitled to leave to sign judgment and the defendant is entitled to unconditional leave to defend; (b) If the defendant raises a..........
Criminal Procedure Code, 1973, Section 200 -- Examination of complainant by way of affidavit - Not permissible - Held, when a specific procedure is contemplated u/s 200 of Cr.P.C., it cannot be deviated by adopting some other procedure which is not prescribed, even though it may be convenient to complainant - Purpose of recording substance of sworn statement by Magistrate..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Repayment alleged - Receipt produced in defence evidence - In rebuttal complainant filed an affidavit that he never issued such receipt and it does not bear his signature and it is forged - Complainant once again cross examined and he once again denied his..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Restoration of suit dismissed in default - Affidavit of counsel of petitioner that he had to rush to his village where his uncle had expired - He could not inform his client due to said emergency - Held, that it was a sufficient cause - Substantial justice has to be preferred against technical flaws - There should be no..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Statement therein beyond pleadings - Cannot be struck out - It is always open to the opposite party to put the same to the witness in his cross examination...........
Evidence Act, 1872, Section 114(g), Civil Procedure Code, 1908, Order 20, Rule 5 -- Fact stated in judgment as to what transpired at the hearing is conclusive of the facts so stated and no one can contradict such statements by affidavit or other evidence - If facts so stated are not correct then it is incumbent upon the party to call the attention of the very Judges, who..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte award - Setting aside - Sufficient cause - Mistake of counsel as case not noted in case diary - Case diary not produced - Unrebutted affidavit sworn by counsel - Litigant should not suffer for the lapses on the part of his counsel - Justice can be done when both the parties are properly heard - Explanation should not..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Counter affidavit to affidavit filed U.O.18.R.4(1) - Not permissible...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Irrelevant matters - Opposite party can point out to Court that irrelevant matters have been averred in the affidavit - Court can either direct the deponent to file a fresh affidavit after eschewing the irrelevant matters or Court itself can eschew the irrelevant matters so that cross..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 54 -- Attachment before judgment - Attachment in execution - Distinction between two - Analysed - While issuing attachment before judgment Court only ensures that defendant does not dispose of property pending suit - Affidavit sworn by defendant containing clear and unambiguous..........
