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Showing : 281-290 of 383 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Criminal Procedure Code, 1973, Section 319 -- Summoning of a person as additional accused - Examination in chief of complainant recorded, which in essence was repetition of allegations levelled in FIR - Without testing the complainant on the anvil of cross examination, court summoned a person as accused to stand trial on the basis of examination in chief of the complainant..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Section , Order 18, Rule 4 -- Examination of summoned witness - Suit for permanent injunction dismissed by Lower Appellate Court by ignoring evidence of plaintiff as well as defendants recorded in examination-in-chief by way of affidavits - Judgment and decree of Lower Appellate Court set aside -..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 18, Rule 4(1) -- Pleadings - Amendment - Commencement of trial - Filing of an affidavit in lieu of examination in chief of the witness amounts to commencement of trial...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 15 -- Confession - Recording of - Guidelines : (1) The confession should be recorded in a free atmosphere in the same language in which the person is examined and as narrated by him; (2) The person from whom a confession has been recorded under Section 15(1) of the Act, should be produced before the Chief..........

MADHYA PRADESH HIGH COURT

Year of decision: 2008
Details

Witness -- Inconsistent statements in examination-in-chief and cross-examination - Testimony cannot be relied to base conviction...........

KARNATAKA HIGH COURT

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Amount claimed in notice double the amount of cheque - However, in complaint cheque amount mentioned - Cheque amount shown in affidavit sworn by him as his evidence in examination-in-chief - Discrepancy of amount in notice does not disentitle the complainant to claim the amount of cheque...........

KARNATAKA HIGH COURT

Year of decision: 2008
Details

Criminal Procedure Code, 1973, Section 231(2), Evidence Act, 1872, Section 137, 138, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Prosecution under NDPS Act - Cross examination of a prosecution witness cannot be deferred till recording of examination-in-chief of other prosecution witnesses - It is both irregular and inconvenient...........

DELHI HIGH COURT

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Evidence on affidavit - Summoning of deponent to be examined towards examination-in-chief - No ground whatsoever disclosed - Held, Court is not bound to summon the witness on a mere application...........

GAUHATI HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 18, Rule 4, 1, 2 -- Affidavit of examination-in-chief - Affidavit of examination-in-chief of defendant to be taken from the defendant after cross-examination of the plaintiffs and his witnesses is complete...........

GAUHATI HIGH COURT

Year of decision: 2008
Details

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..........

Showing : 281-290 of 383 Results