Evidence Act, 1872, Section 33 -- Affidavit of witness without being cross-examined in criminal proceedings - Is no evidence in eye of law nor referable to S.33 of the Act...........
Evidence Act, 1872, Section 3, Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 16, Rule 1(3) -- Affidavit in lieu of examination-in-chief of a witness not named in the list of witnesses tendered - Evidence of said witness not to be read in evidence, as leave to examine said witness not given - However, liberty is granted to plaintiff to file..........
East Punjab Urban Rent Restriction Act, 1949, Section 16, 17, Civil Procedure Code, 1908, Order 18, Rule 4 -- Rent and Eviction - Recording of evidence by Commissioner - Merely because documents have been filed alongwith affidavit same would not ipso-facto be admissible in evidence as same are subject to orders of Court...........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Where document has been objected to being abinition and/or inadmissible in evidence - Even if it is not objected to prior to its admission an objection can be raised at any stage of hearing, including in appeal or revision as well - An inadmissible document cannot be read into evidence..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7, East Punjab Urban Rent Restriction Act, 1949, Section 16, 17 -- Admissibility of document - Petitioner has raised objections to proof and admissibility of documents - Rent Controller should have proceeded to pass appropriate order on objections raised by counsel for..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence of petition was closed by order of Court and subsequently application for permission to lead additional evidence to prove affidavit by examining witness was filled - Order whereby evidence of petitioner was closed by orders of Court has assumed finality as no revision was preferred against that order..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32(1), 32(3), 32(5) -- Execution - Decree of permanent injunction - Disobedience - Order of attachment of JD's properties passed without finding that JD has willfully disobeyed the decree - Said order is violative of provision of O.21.R.32 CPC - No opportunity was granted to JD and Court passed order of attachment..........
Evidence Act, 1872, Section 65B -- Late production of certificate u/s 65-B - Plaintiff is entitled to file certificate u/s 65-B of Evidence Act, even subsequent to filing of electronic record in Court only if a case is made out for late filing of documents beyond the prescribed period - In the absence of reasons for late production, the electronic record filed at the..........
Civil Procedure Code, 1908, Section 26(2), Order 6, Rule 15(4) -- Affidavit - Filing alongwith plaint as part of verification cannot be used for the purpose of evidence at the time of trial and party has to file a proof affidavit in support of his pleadings in lieu of chief examination at the time of trial...........
Will -- Probate - Attestation or notarization of Will is not required to seek probate - However, judicial notice can be taken of fact that party may get Will notarized being ignorant of said fact. (Para 10) Will - Probate - Variation of signatures of daughter of testator on attested notarized Will - Appellant appointed as executor of Will, as he was neighbour and close..........
