Civil Procedure Code, 1908, Section 151, Order 13, Rule 4, Civil Procedure Code, 1908, Order 18, Rule 4 -- De-exhibiting of documents tendered alongwith affidavit of examination-in-chief - A party can raise objection qua admissibility and mode of proof of documents tendered along with affidavit of examination-in-chief at the time of cross examination of the witness..........
Partition -- Compromise during pendency of appeal - Deed of compromise duly signed by parties has been filed by way of an additional affidavit - Appeal disposed of in terms of deed of compromise - Deed of compromise will form part of decree...........
Advocates Act, 1961, Section 24, 28 -- Enrollment with Bar Council - Directions:- (i) Bar Council are directed to verify whether the candidates who apply for enrollment after crossing 40 years of age have rightly obtained Law Degree or not and if they have obtained Law Degree while in service then they shall not be enrolled; (ii) Bar Councils shall verify the ration card,..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit - Non-obstante clause in S.145(1) of Act is self explanatory and over-rules the requirement of examination of complainant on solemn affirmation u/s 200 Cr.P.C. - Cognizance of complaint, therefore, can be taken without complying the mandate of S.200 Cr.P.C...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of Arbitrator - Arbitration clause in Engagement letter - Pleading that Respondent not naming an arbitrator inspite of request of petitioner not controverted - Held, in the absence of any counter from respondent, averments in petition must be taken to be correct at least for the purpose of deciding..........
Accident -- Help to victim of accident - Protection to Samaritans i.e. bystanders and passers-by who render the help to the victims of road accidents - Examination of Good Samaritan by police - Affidavit of Good Samaritan if filed, shall be treated as complete statement by Police official while conducting investigation - In case statement is to be recorded, complete..........
Representation of the Peoples Act, 1951, Section 83(1) -- Election petition - Non-compliance with the requirement of S.83(1) Proviso - Question whether there were two affidavits filed by election petitioner along with election petition, was never examined by High Court - Neither the returned candidate disputed the said statement by filing a rejoinder to the reply of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by wife for divorce - Husband appearing in Court but not contesting the case - Petition averments supported by affidavit evidence of wife is sufficient to grant relief on the ground of cruelty, when there is nothing to presume that wife is taking advantage of her own wrong or condoned the act of cruelty...........
Service -- Misconduct - Illegal transport of wood in Railway wagons without payment of freight - Reduction in same grade by two stages for 3 months - Nothing to show that any ill-will or deliberate words were introduced to falsely implicate respondent - Even, Vigilance Officer supported departments case - Moreover, reason for delay in conducting of inquiry proceedings set..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Affidavit of examination-in-chief of witnesses of accused - Permitting accused to file affidavit in lieu of examination-in-chief is illegal - Trial vitiated on account of procedural lapse - Case remanded for proceeding further from the stage the case was posted for leading defence evidence - Affidavits..........
