Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Parties directed to file affidavits of examination-in-chief - Thereafter defendant sought permission to file additional affidavit of examination-in-chief - Additional affidavit of examination-in-chief amounts to further examination-in-chief of the witness - Such further examination-in-chief..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Parties directed to file affidavits of examination-in-chief - Thereafter defendant sought permission to file additional affidavit of examination-in-chief - Additional affidavit of examination-in-chief amounts to further examination-in-chief of the witness - Can be permitted only at the end..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning on basis of examination-in-chief - Held, that there must be material for the Court to exercise its judicial discretion and there is no absolute restriction that even if the evidence-in-chief discloses prima facie case, an accused cannot be summoned u/s 319 Cr.P.C. until the witness is..........
Electricity bill -- Electric meter dead - Respondent had lodged complaint against the working of meter - It was duty of the appellants to get it tested from the M.E. Lab or it should have been sent to the Chief Electrical Inspector for its analysis and examination - The appellants have not proved any foul act on the part of respondents to make one phase of the meter dead -..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Complaint - Criminal Court cannot compel complainant to file proof affidavit in lieu of examination-in-chief...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning on the basis of part examination-in-chief of complainant with no other evidence on record to corroborate the same - Not sufficient material to summon additional accused - Court is to be cautious in summoning additional accused especially in the matrimonial cases where tendency is to involve all..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 16, Rule 1, 1-A -- Examination-in-chief of a witness on affidavit - Provision of O.18.R.4(1) CPC applies only when a party examines a witness without issuance of summons as contemplated U.O.16.R.1-A and not of a witness who is summoned U.O.16.R.1 CPC...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Examination-in-chief - Filed by way of affidavit - Failure to mention certain details in the affidavit - Does not preclude the plaintiff to enter the witness box to depose further - It also does not preclude the Court from permitting the plaintiff to lead further evidence of examination-in-chief before the Court in addition..........
Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 27 -- Offence of dacoity - Conviction by trial Court - Acquittal by High Court - High Court gave due reasons after considering entire materials and evidence and also gave reasons as to why non-examination of S.O. and I.O. was fatal in facts and circumstances of the case - High Court, held justified in..........
Criminal Procedure Code, 1973, Section 319 -- Murder trial - Summoning of additional accused - Legality of - Revisionists have been summoned by Court below vide impugned order solely on the basis of statement of PW2 - Although PW2 in her examination-in-chief, claiming herself to be eyewitness, had stated that murder of her mother was committed by `R', `S' and `T', but in..........
