Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed on basis of 'No instruction' pleaded by counsel - Application can be filed when plaintiff comes to know of dismissal of suit - Application u/s 5 Limitation Act is not necessary in such case - Cause of plaintiff's absence on date fixed explained in affidavit - Plaintiff not informed by Court of his..........
Civil Procedure Code, 1908, Order 19, Rule 3 -- Affidavit - Verification when lacks essential requirements is valueless...........
Civil Procedure Code, 1908, Order 19, Rule 3 -- Affidavit - Verification - The words 'that the contents of the affidavit are true and correct to the best of my knowledge and belief' - Carry no sanctity - Such a verification cannot be accepted - Affidavit must be either affirmed as true to knowledge or from information received provided the source of information is..........
Civil Procedure Code, 1908, Section 151 -- Correction of mistake in misdescription of name of parties in Title of Civil Revision Petition and so also in accompanying Affidavit - Not unknown that stenographers while typing out the names of the parties in appeal or revision in High Court refer to the array of parties in the Court below - No sinister motive can be read into..........
Criminal Procedure Code, 1973, Section 133, 138 -- Nuisance - Removal - Conditional order passed - To make the conditional order final Magistrate has to record evidence in the manner of summons case - It is not permissible to adduce evidence by way of affidavit - Non compliance of S.138(1) would vitiate the entire proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 15, Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Verification - Accompaniment of affidavit - Does not amount to verification - Verification in itself is an essential and independent requirement of the affidavit...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Witness fully cross-examined - Application moved when the case was listed for arguments for recall of witnesses on ground that they filed affidavit that they gave wrong evidence - It appears that subsequent attempt is made by the defence to win over the prosecution witnesses - Application rightly rejected..........
Criminal Procedure Code, 1973, Section 311 -- Affidavit tendered in evidence but deponent not put up for cross examination - After closure of evidence prosecution sought to summon deponent so as to offer him for cross examination - Nothing new was brought on record by prosecution - Application allowed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Condonation of delay in filing application - Affidavit of counsel in support thereof that he failed to intimate the date of adjournment to the party - Held, it is always desirable and advisable that the parties alone should sworn to the affidavits in support of such..........
Criminal Procedure Code, 1973, Section 145, 482 -- Dispute regarding possession of property - Documentary evidence showed that at one time grand father of respondent `K' was the owner of the land and `K' in his affidavit also stated that he was in possession of the same - Mere construction of Khor and installation of Khuntas in the disputed site does not show the..........
