Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of a witness - Filing of affidavit of statement in re-examination is not permissible...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Complainant, after filing affidavit in examination-in-chief was cross examined - Complainant for valid reasons can only be summoned for re-examination for the purpose of explanation of matters referred to in cross examination but cannot be permitted to re-file an affidavit in..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of complainant or any other person - Words `summon and examine any person giving evidence in affidavit' in 145(2) NI Act also includes power of Court to summon and re-examine such witness/person...........
Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of complainant - Complainant, after filing affidavit in examination-in-chief was cross examined - For the purpose to arrive at a just decision and fair conclusion, re-examination of complainant can be permitted and complainant for the mistake..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Contention of husband that affidavit filed by wife was not sworn before any Magistrate is of no significance, as affidavit was filed before Magistrate only who had accepted the same - Otherwise, also Governments have made self attestation of affidavits sufficient to file the same - Contention rejected...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Change of loan amount - Reason stated to be typographical mistake - Amount mentioned in demand notice, complaint, affidavit of evidence, same - Loan amount cannot undergo a change because the same forms very basis of compliant - This would change the very nature and character of..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 201 days in filing writ appeals - No plausible reason is placed in affidavit except stating certain administrative grounds with no proper detail - Moreover, in view of series of litigation concerning the subject land, it is obvious to expect certain diligence in pursuing the matter instead of lackadaisical..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 28(2) -- Proceedings u/s 12 of the Act - Evidence by way of affidavit - Court can allow evidence on affidavit in its discretion - Court can devise its own procedure which would include permitting evidence by way of an affidavit...........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Evidence on affidavit by accused in his defence - Dismissal of application - Calls for no interference...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail obtained by stating wrong facts in affidavit and suppressing of earlier rejection of bail application by High Court - Order cancelling bail upheld...........
