Criminal Procedure Code, 1973, Section 91, Evidence Act, 1872, Section 123, 124 -- Production of documents - Evidence as to affairs of State - Documents in question were submitted by CBI to Ministry of Home Affairs in the form of seven proposals for obtaining permission for interception of certain telephone calls of accused persons - Said documents are very much in the..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Recovery suit - Leave to defend - Suit based on various bills and purchase orders, which have been placed on record - Defendant signed and acknowledged the receipt, amounts payable and contents of such bills raised by plaintiff enumerating all contractual obligations including payment terms agreed between parties, taking..........
Criminal Procedure Code, 1973, Section 311 -- Complaint u/s 138 of N.I.Act - Taking on record the duly attested affidavit of CW2 by way of additional evidence - Mistake of party - Three complaints presented by complainant and all were being tried simultaneously and on same day - Three attested affidavits were to be tendered in three separate complaint cases but..........
Service -- Termination - Illegal appointment as employee not having requisite qualification - Vigilance Department conducted an enquiry behind the back of employee - Allegations in report pertain to misbehaviour, conduct and his dealing with officers and the same also gets accentuated by the stand taken in the counter affidavit - Stigma thus has been caused - Holding of a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Commencement of trial - Filing of an affidavit in lieu of examination in chief of witness amounts to `commencement of proceeding'...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Friendly loan - Proof of - Agreement and corresponding promissory note and an affidavit - Rebuttal - Loan amount not shown in ITR return of complainant - Accused rebutted the presumption by establishing that no loan was advanced even though there was an agreement and a corresponding promissory note..........
East Punjab Urban Rent Restriction Act, 1949, Section 18A -- Eviction - Leave to contest - Application seeking leave moved within time frame - Affidavit furnished by tenant in support of his prayer, discloses triable issue - Directions issued to Rent Controller to re-decide application...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit reserved for judgment - Affidavit filed in support of application does not disclose reasons much less valid reasons - Court has to take into consideration the prejudice likely to be caused to the parties to the proceedings while disposing of application of this nature - Possibility of filing such..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected on the basis of materials relied upon by defendant which was brought on record along with an affidavit, in support of application along with written statement...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non filing within time - Plaintiff able to satisfactorily discharge obligations by making out a case for passing a decree against defendant - It is appropriate to dispense with the requirement of plaintiff to file an affidavit by way of evidence in support of its pleadings - Suit decreed...........
