Civil Procedure Code, 1908, Section 26(2), Order 6, Rule 15(4), Civil Procedure Code, 1908, Order 6, Rule 17 -- Affidavit to accompany pleadings - On amendment of pleadings, a fresh affidavit has to be filed...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Examination-in-chief of a witness on affidavit or cross examination before a Commissioner - Right of cross examination and re-examination in open Court is not disturbed by O.18.R.4 inserted by amendment - Power U.O.18.R.4(2) is required to be exercised with great circumspection having regard to the facts and circumstances of..........
Criminal Procedure Code, 1973, Section 167 -- Remand - Court can grant remand even when accused is not produced - Court has to record reasons - Presence of accused can be dispensed with only on special reasons - Officer seeking remand has to file an affidavit stating reasons for not producing accused and also as to the state of health of accused...........
Civil Procedure Code, 1908, Order 18, Rule 4, Evidence Act, 1872, Section 137 -- Affidavit filed by way of examination-in-chief - Right of cross examination of that witness is not taken away...........
Negotiable Instruments Act, 1881, Section 145, 138, Criminal Procedure Code, 1973, Section 200 -- Recording statement of complainant - Stands substantially dispensed with by insertion of S.145 in the NI Act - Affidavit of complainant can be filed - However, it is open to the discretion of the Judge to put questions to the complainant if he considers it necessary...........
Criminal Procedure Code, 1973, Section 311 -- Further cross examination - Subsequent to statement of prosecutrix in Court she gave another statement in Court of SDM where she stated that she earlier gave statement under threat and accused had not committed any rape on her with the help of co-accused - An affidavit to this effect also filed - Application of accused allowed..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Initial statement u/s 200 Cr.P.C. can be given on affidavit...........
Criminal Procedure Code, 1973, Section 438 -- Pre-arrest bail - Name of petitioner not mentioned in FIR - Evident from Parcha Bayan, statement recorded under sections 161 and statement recorded u/s 164 and affidavit that petitioner was not present at the time of incident - Pre-arrest bail granted on certain conditions...........
Civil Procedure Code, 1908, Order 26, Rule 4 -- Commission to examine witness - Affidavit or medical certificate indicating illness and immobility, not filed alongwith application - Held, application was rightly rejected...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit in the shape of examinatio, i, chief - Filed - Certain averments not pleaded also included in the affidavit - Entire affidavit evidence afresh after deleting objectionable portions - Illegal - Evidence produced on affidavit is to be taken on record - Objection to evidence adduced through affidavit can be challenged..........
