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Results of affidavit+civil procedure code+affidavit+as+evidence+examination in chief

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Showing : 61-70 of 103 Results

MADHYA PRADESH HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cognizance taken on the basis of affidavits - Plea that order taking cognizance on the basis of affidavits alone is improper and illegal and that it is mandatory to record statement of complainant as well as witnesses before taking cognizance - Held,..........

BOMBAY HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Pleadings - Amendment - Trial does not commences with the framing of issues - Trial commences only when a party files an affidavit of himself or his first witness in lieu of examination-in-chief...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Section 31, Order 16, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 4 -- Witness - Summons to witness - A witness, whose affidavit in lieu of chief examination was filed, cannot be summoned through Court - Party securing the presence of a witness himself partly cannot seek the assistance of Court for the remaining part...........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 18, Rule 4(2) -- Word `shall' in O.18.R.4(2) CPC has to be construed as `may' - Use of the word 'shall' is mandatory only to the extent that the cross examination of a witness whose affidavit has been taken on record in lieu of the examination in chief has to be taken, but whether it would be taken before the Court or before the..........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit in lieu of examination-in-chief - Neither signed nor affirmed - In the examination on oath affidavit shown to the witness who stated that the contents thereof were true and correct - Held, the defects in the affidavit stand cured - Such affidavit can only be treated as an evidence only after the examination of the..........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Section 151, Order 18, Rule 4 -- Affidavit in lieu of examination-in-chief - Neither signed nor affirmed - Court by exercising inherent power can allow the defect to be cured by permitting the affirmation to be made subsequently...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 13, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Documents attached with affidavit filed U.O.18.R.4 - Documents mentioned ax exhibits instead of annexures - Recall of plaintiff to rectify the mistake - Scope of examination in chief already furnished in the shape of affidavit not..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Section 151, Order 18, Rule 4, Evidence Act, 1872, Section 137 -- Summoning of a plaintiff's witness at the instance of defendant for cross examination who was not examined by plaintiff suspecting his bona fides but whose affidavit in lieu of examination in chief was filed - Where the name of an individual figures in the list of witnesses, the..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Section , Order 18, Rule 4 -- Examination of summoned witness - Suit for permanent injunction dismissed by Lower Appellate Court by ignoring evidence of plaintiff as well as defendants recorded in examination-in-chief by way of affidavits - Judgment and decree of Lower Appellate Court set aside -..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 18, Rule 4(1) -- Pleadings - Amendment - Commencement of trial - Filing of an affidavit in lieu of examination in chief of the witness amounts to commencement of trial...........

Showing : 61-70 of 103 Results