Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Examination-in-chief by way of affidavit - If any part of affidavit in evidence is objected to including the ground of mode of proof or admissibility, such objections can be recorded and subject to same being decided at the time of final adjudication, cross-examination could..........
Civil Procedure Code, 1908, Order 12, Rule 2 -- Admission or denial of documents - Service law dispute - Registry is directed not to list any fresh RSA for hearing the subject matter of which is a service law dispute without the filing with record - At the commencement of the proceedings and before the issues are framed Trial Court should insist upon the parties to first..........
Negotiable Instruments Act, 1881, Section 138, 145(1) -- Dishonour of cheque - Evidence on affidavit - Evidence already given by complainant by way of affidavit is sufficient proof of offence - This evidence not required to be given again in terms of S.145(1) of the Act and has to be read during trial...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Proof of a document not mentioned in complaint - Normally complainant has to produce the documents at least before the commencement of examination of witnesses - In case there is some omission in that regard, it does not mean that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Proof of a document not mentioned in complaint - In prosecution u/s 138 of the Act, complainant need not mention all facts relating to original transaction in the complaint or notice, as if in a plaint in a suit...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Production and proof of agreement relating to alleged transaction between complainant and accused - Case of complainant is not based on this document but it is based on dishonoured cheque - It is not that attempt of complainant in..........
Will -- Execution - Proof - It is incumbent on attesting witness while appearing in Court and tendering his affidavit by way of examinatio, i, chief in evidence, identify the signature of the executant and signatures of himself and other witnesses on the document, without which a document as Will is not proved...........
Evidence Act, 1872, Section 67 -- Document - Proof of - If a document is signed by any person then sign must be proved - To prove sign, witness has to identify signature on document...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4), 11(3) -- Suit for eviction - Bonafide need - Oral testimony of husband and son of landlady prima facie establishing bonafide requirement of suit premises for setting up personal business of her son - Failure of tenants in discredit oral testimony of prosecution witnesses - Onus of proof to prove that other..........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Eviction order - Tenant undertakes that he shall vacate and handover peaceful vacant possession of tenanted premises to landlord - Tenant further undertakes that he shall pay a sum of Rs.35000/-p.m with effect as use and occupation charges to landlord till time he hands over peaceful vacant possession of tenanted premises..........
