Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - To be supported by an affidavit - That apart, in appropriate cases, Magistrate to verify the truth and also to verify the veracity of the allegations...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - There has to be prior applications u/ss 154(1) & 154(3) Cr.P.C. while filing a petition u/s 156(3) Cr.P.C. - Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed - Application u/s 156(3) Cr.P.C. has to be supported by an..........
Evidence Act, 1872, Section 65(c) -- Secondary evidence - Loss of original document - Secondary evidence can be allowed even if no separate affidavit for tendering the same was filed...........
Criminal Procedure Code, 1973, Section 372 - - Appeal - Direction of Court - All cases where appeals are filed beyond ninety days from the date of judgment, appellant shall file an affidavit stating the circumstances under which appeal could not be filed earlier - Court will consider such affidavit at the time of admission taking into account facts and circumstances of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Commencement of proceedings - Filing of an affidavit in lieu of examination-in-chief of witness would amount to commencement of proceeding and trial is deemed to commence when issues are framed and case is set down for recording of evidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 380 kgs of poppy husk - Contradiction in the date of deposit of sample with FSL - PW1 constable stated that he deposited sample with FSL on the same day on which it was handed over to him - However, FSL report shows that it was received on the next day - No material on record to infer that..........
Companies Act, 1956, Section 642, Companies (Court) Rules, 1959, Rule 21 -- Company - Winding up petition - Grant of leave - In the absence of valid resolution adopted by Board of Directors of petitioning-creditors supported by power of attorney for the purpose of satisfying Court, Petitioning-creditors were not duly authorized to make and file affidavit verifying winding..........
Negotiable Instruments Act, 1881, Section 138, 145(1) -- Dishonour of cheque - In case trial u/s 138 of Act is conducted in a summary manner and evidence is given by complainant by way of an affidavit, which is sufficient to prove the offence - Evidence is not required to be given again in terms of S.145(1) of Act and same has to be read during trial...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Summary trial - Cross-examination of complainant - Once complainant has brought forward his case by giving his affidavit about issuance of cheques, dishonour of cheques, issuance of demand notice etc., he can be cross-examined only if accused makes an application to..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Complaint through power of attorney holder - (i) Filing of complaint u/s 138 of N.I Act through power of attorney is perfectly legal and competent; (ii) The Power of Attorney holder can depose and verify on oath before the Court in order to prove the contents of the complaint - However, the power..........
