Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 13, Rule 1 -- Document filed along with affidavit - Only such documents can be filed along with affidavit of witnesses which are for refreshing the memory of witness or for the purpose of cross examination...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Cognizance of offence on the basis of affidavit - It is open to Magistrate to rely upon verification in the form of affidavit filed by complainant in support of his complaint - Magistrate is neither mandatorily obliged to call upon complainant to remain..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 250 gms. of opium - Only one witness joined to whom SI knew previously and he too was given up - Affidavit of such witness in which he stated that no such recovery was effected in his presence from the accused - Held, prosecution has failed to prove its case beyond reasonable doubt - Accused..........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as its own witness - Provision of O.18.R.3-A CPC is directory in nature - A party as its own witness can appear when only affidavits of witnesses had been filed - Mere filing of affidavit of witnesses does not amount to `examine' - Word `examine' means not only the affidavit in evidence being filed in lieu of..........
Civil Procedure Code, 1908, Order 16, Rule 10, Civil Procedure Code, 1908, Order 18, Rule 4 -- Warrant of arrest of a witness - Affidavit of chief-examination of witness filed - Witness deliberately evading summons and appearance before Court - Court may issue proclamation, warrant or warrant without proclamation at its discretion by following the procedure envisaged..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit in lieu of chief examination - There are instances where the contents of the affidavits far exceed those in the plaint - Witness does not have any right to add anything further, except with the specific permission of Court...........
Civil Procedure Code, 1908, Order 18, Rule 2, 4, Evidence Act, 1872, Section 138 -- A witness proposed to be examined present in Court when cross examination of other witness was in progress - Trial Court held that evidence of that witness cannot be recorded at all and that affidavit filed by him in lieu of chief-examination be eschewed from consideration - Trial Court has..........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - Validity - Serving officer sought to serve summon of suit on defendant - Defendant not available - Since defendant was not available, therefore, his wife who was residing with him, was sought to be served with notice but she refused to accept notice - Thereafter, copy of notice was affixed on his..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit - Accused cannot file an affidavit in lieu of chief examination - It is necessary for him to enter the witness box even for chief examination - It is the complainant and the witnesses who could file an affidavit in lieu of chief examination and not the accused...........
Evidence Act, 1872, Section 154 -- Hostile witness - Deposition in an affidavit - Resiling in cross examination - Party who is examining has a right to get the veracity of the two stands tested through cross examination - That is the only recognized mode of procedure - Delay in making an application cannot be treated to be above justice...........
