Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Leave to defend - Bonafide necessity - Plea of tenant is that petition has been filed in trade name and not in the name of tenant - Affidavit filed in support of leave to defend application shows that tenant has not raised this specific plea in affidavit in support of leave to defend application - Even,..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objection - Requirement of affidavit, (i) no affidavit is required to be filed with application u/s 34 of the Act except an affidavit needs to be filed only to extent that requirement of giving advance notice has been complied with; (ii) affidavit needs to be filed only in case contents have to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- In applications U.O.39.Rr.1, 2 CPC, facts can be proved by affidavit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plea that averments in affidavits cannot be taken into account - Held, not tenable as CPC itself carves out an exception to the rule `affidavit is not evidence', by permitting certain facts to be proved by affidavit...........
Affidavit -- Law of affidavit is found in Civil Procedure Code and not in Evidence Act...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Evidence of complainant by way of affidavit - Cross examination of deponent - Reasons need to be assigned to seek cross-examination of deponent - It is obligatory for Court to recall complainant or its witnesses, if an application is made in that behalf - Moreover, no prejudice, whatsoever,..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Duly verified replication filed, without accompanying an affidavit, as required U.O.6.R.15(4) CPC does not mean that it is incomplete...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - At the time of consideration U.O.14.R.1 CPC for framing issues, pleadings are to be seen only and filing or no, filing of affidavit in support of pleadings which is independent of pleadings is not material as it is curable technical defect...........
Civil Procedure Code, 1908, Order 8, Rule 6A(4) -- Counter claim - Filed without affidavit - Even though defect was mere irregularity yet defendant choose not to cure it, even till final arguments in the suit - No application was moved either to file an affidavit in support of his counter claim, despite the fact that an objection in this regard was raised by counsel for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - NRI landlord - Leave to defend - Not granted by mere asking but only in case affidavit specifies that landlord does not satisfy condition u/s 13B of the Act...........
