Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence by way of affidavit at pre-summoning stage - Same evidence is to be read by Court at post summoning stage and the witness need not be called at post summoning stage unless Court, for reasons, considers it necessary...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Procedure of summary trial enable the respondent to lead defence evidence by way of affidavit and documents - An accused who considers that he has a tenable defence and case against him is not maintainable, can enter his plea on the very first day of his appearance and file an affidavit in his..........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - Summary trial - Procedures to be followed - (1) On the day complaint is presented, if the complaint is accompanied by affidavit of complainant, Court shall scrutinize the complaint & documents and if commission of offence is made out, take cognizance & direct issuance of summons of accused,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Pleadings - Amendment - Trial does not commences with the framing of issues - Trial commences only when a party files an affidavit of himself or his first witness in lieu of examination-in-chief...........
Negotiable Instruments Act, 1881, Section 145 -- A witness cannot be summoned for his examination in chief in the Court despite affirming affidavit in that behalf...........
Civil Procedure Code, 1908, Section 31, Order 16, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 4 -- Witness - Summons to witness - A witness, whose affidavit in lieu of chief examination was filed, cannot be summoned through Court - Party securing the presence of a witness himself partly cannot seek the assistance of Court for the remaining part...........
Medical negligence -- Biopolar Hip Replacement Right Surgery - The operation was performed properly with due care, using standard materials - If the Prosthetic device had broken, it cannot be attributed to any negligence on the part of the OP, since the life is subject to wear and tear, as well as if the patient was not careful, there is likelihood of breakage - Findings..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Evidence by way of affidavit - Defective verification - Verification in affidavit not open to challenge if the witness has been subjected to cross examination and there is no material that any prejudice is caused on account of defective verification...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Evidence on affidavits - In the event an application is made by the accused, Court would be obliged to summon the person giving evidence on affidavit without having any discretion in the matter - Witness can be subjected to cross examination as to the facts stated in the affidavit - However,..........
Negotiable Instruments Act, 1881, Section 138, 145(1), 145(2) -- Dishonour of cheque - Documents produced along with the affidavit - Affidavit can contain the formal proof of the enclosed documents - However, if accused raises any objection with regard to the validity or sufficiency of proof of the documents submitted alognwith the affidavit and if the objections are..........
