Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3), Evidence Act, 1872, Section 65A, 65B -- Production of documents - Telephonic recording - Recovery suit - Plaintiff wanted to submit the telephonic talk between his brother and defendant in which defendant admitted that he had taken Rs.5 lacs from plaintiff - However, brother of plaintiff is not a party to suit..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Directions issued viz. (a) Court not to insist physical presence of spouses at the time of presenting the petition at the first instance and future hearings ; (b) Petition can be filed by parties or through Power of Attorney holder provided Power of Attorney is registered one or properly adjudicated; (c)..........
Indian Penal Code, 1860, Section 193 -- False evidence - Denial of statements made in the affidavits of complainant, simplicter would not attract the offence, particularly when no malafide intention/deliberate attempt can be understood from the statement made by accused in the affidavit...........
Civil Procedure Code, 1908, Order 13, Rule 1, 4 -- Power of attorney - Production and proof - Power of attorney executed by wife in favour of husband and husband appeared as PW1 being power of attorney of plaintiff with a specific stipulation in this regard in his affidavit of examination-in-chief - There was no cross examination conducted on this point - In such..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Documents sought to be produced is the affidavit in evidence of respondent's son in another trial - However, necessary pleading is not available in the plaint with regard to affidavit in evidence or contents thereof - Petitioner can use the evidence on affidavit during course of cross-examination..........
Consumer Protection Act, 1986, Section 2(7) -- Explanation - Consumer complaint - Commercial purpose - Complainant has not pleaded nor proved that service was obtained for earning his livelihood through the means of self- employment - Onus to prove that service was obtained for a commercial purpose is on the service provider - Unless service provider discharges its onus,..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Accused cannot be permitted to give his evidence by way of an affidavit - S.145(1) of the Act only entails a complainant to tender evidence in such a mode...........
Civil Procedure Code, 1908, Order 12, Rule 2 -- Voice sample - Complete denial by defendant with regard to affidavit and contents of CD - Court granted permission to prove voice recording by way of evidence and directed defendant to give his voice sample - There is no illegality or infirmity in the impugned order...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence of accused by way of affidavit is not permissible...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - Mandatory inquiry u/s 202 Cr.P.C can be conducted by taking evidence of complainant on affidavit in cases u/s 138 of N.I. Act - Inquiry need not be necessarily conducted by taking evidence on oath - Further, documents may be examined..........
