Will -- Proof - Affidavits of marginal witnesses - Ex parte evidence of witnesses can be by way of affidavit as per O.19.R.1 CPC (As applicable in U.P.) - Requirement of Will being proved stood discharged - Since defendant failed to challenge the same, Will, held, proved. (Civil Procedure Code, 1908, O.18.R.1, O.19.R.1-A (As in U.P.)...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Settlement between parties - Daughter of complainant committed suicide due to personal reasons - Dispute between parties due to some misunderstanding - Complainant executed affidavit-cum-undertaking that after enquiries she has come to know that..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Lawyer engaged passed away - Such averment made in application supported by an affidavit - Sufficient cause for non appearance established - Ex parte decree set aside...........
Contempt of Courts Act, 1971, Section 2(c), 12 -- Criminal Contempt - Filing of false affidavit - No intention of deponent to mislead Court or file a false affidavit with regard to name of detenu as it was based on record of prosecution - Mere presumption of a false affidavit without investigating the facts, just because a woman charged under Immoral Trafficking Act, who..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summary trial or summons trial - Detailed affidavit of examination-in-chief and lengthy cross examination - Clearly shows that case was tried as summons trial - Perusal of cross-examination shows that full dress trial was held and it is with that understanding, both the parties joined the trial even..........
Guardians and Wards Act, 1890, Section 7, 11, 19 -- Guardianship - If a single parent/unwed mother applies for issuance of Birth Certificate for a child born from her womb, Authorities concerned may only require her to furnish an affidavit to this effect and must there upon issue Birth Certificate unless there is a Court direction to contrary...........
Family Courts Act, 1984, Section 13 -- Power of Attorney holder - Right to legal representation - Maintainability u/s 13 of family Court - Depending upon the facts and circumstances prevailing in the case and to preserve the institution and interest of marriage and the welfare and well being of parties etc. Family Court is entitled to receive, examine and act upon an..........
Civil Procedure Code, 1908, Order 41, Rule 3A, Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay - Delay of 168 days in filing appeal - No sufficient cause mentioned in the affidavit regarding delay except making bald unsubstantiated allegation - Basing on lame excuse or unsubstantiated cause, it is difficult to condone delay - Delay not condoned -..........
Protection of Women From Domestic Violence Act, 2005, Section 23(2) -- Ex-parte interim maintenance - Magistrate is empowered to pass ex-parte interim order, if situation so warrants provided an affidavit is filed in support of case for interim maintenance - Opportunity of hearing to opposite party is not sine qua non for disposal of interim application moved under the Act..........
Protection of Women From Domestic Violence Act, 2005, Section 23(2) -- Ex-parte interim maintenance - Magistrate is empowered to pass ex-parte interim order, if situation so warrants provided an affidavit is filed in support of case for interim maintenance - Opportunity of hearing to opposite party is not sine qua non for disposal of interim application moved under the Act..........
