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...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 --- Witness - Examination-in-chief by affidavit - Factors to be taken into account by Court - Held, it is the paramount duty of court to hinge the procedural requirement to subserve the ends of justice, else the golden principle of justice that the justice has not only done, justice has to be shown to have been..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 376 -- Rape - Leave to appeal against acquittal - No corroboration to statement made by prosecutrix - Huge number of improbabilities in her statement - To remove doubts, no independent witness was produced in Court - Offence alleged to have been committed in a busy place - No explanation as to why..........
Civil Procedure Code, 1908, Order 18, Rule 19, Civil Procedure Code, 1908, Section , Order 26, Rule 4A -- Statement of witness - Appointment of Commission - It is totally misconceive to contend that statement of witness has always to be by way of affidavit to be tendered in Court and no commission could be appointed for recording the same...........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Section , Order 16, Rule 1 -- Examination-in-chief - Affidavit - In all cases, whether appealable or non-appealable, examination-in-chief has to be taken on affidavit - Where witness is not under the control of party who wants to examine him recourse can be had to O.16.R.1 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 4-A -- Commission - Scope - Once witness appears in Court to tender his affidavit, there may not be any need for appointment of Commission for his cross-examination as he is already before Court - However, there can be some exceptions, where cross-examination is deferred and developments subsequent thereto justify appointment of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Filing of affidavit in lieu of examination-in-chief of witness amounts to `commencement of proceedings'...........
Civil Procedure Code, 1908, Order 13, Rule 4, Civil Procedure Code, 1908, Order 18.4 -- Objection to admissibility of a document which is introduced in the affidavit tendered as examination-in-chief - Can only be raised at the time of cross examination of the witness introducing those document - Decision on objection has to be taken at the time when the same is raised and..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Object - Purpose and object of the provision is speedy trial of the case and to save precious time of Court as the examination-in-chief of a witness is now mandated to be made on affidavit with a copy thereof to be supplied to the opposite party...........
