October 2018

Civil Procedure Code, 1908, O.16 R.1–Production of Witnesses-Application under O.16 R.1-A CPC cannot be objected by the defendants—Filing of present revisions is delaying tactices; dismissed with costs. 

By | October 1st, 2018|Evidence - Civil|

Comments Off on Civil Procedure Code, 1908, O.16 R.1–Production of Witnesses-Application under O.16 R.1-A CPC cannot be objected by the defendants—Filing of present revisions is delaying tactices; dismissed with costs. 

May 2018

April 2018

March 2018

Civil Procedure Code, 1908,0.8 R.2–Additional facts-Supplementary affidavit-Held; When the cross examination has not been done, any additional fact can always be brought on file by way of supplementary affidavit.

By | March 21st, 2018|Evidence - Civil|

Comments Off on Civil Procedure Code, 1908,0.8 R.2–Additional facts-Supplementary affidavit-Held; When the cross examination has not been done, any additional fact can always be brought on file by way of supplementary affidavit.

Accident—Claim petition—Even if the cases under the Act have been tried as summary cases yet the essential principle of the law of evidence cannot be given a go-bye. Accident—Loss of love and affection—Rs.50,000/- awarded towards loss of love and affection to unmarried sister.

By | March 17th, 2018|Evidence - Civil|

Comments Off on Accident—Claim petition—Even if the cases under the Act have been tried as summary cases yet the essential principle of the law of evidence cannot be given a go-bye. Accident—Loss of love and affection—Rs.50,000/- awarded towards loss of love and affection to unmarried sister.

Evidence Act, 1872, S.45-Expert evidence-Comparison of signatures-Suit for recovery—Mortgage deed-Appellant had been signing differently on different documents which are the part of the pleadings and evidence

By | March 4th, 2018|Evidence - Civil|

Comments Off on Evidence Act, 1872, S.45-Expert evidence-Comparison of signatures-Suit for recovery—Mortgage deed-Appellant had been signing differently on different documents which are the part of the pleadings and evidence

January 2018

December 2017

Production of Documents-Grant of Leave– Suit at stage of adducing evidence by petitioner-Documents mentioned in the affidavit were neither the basis of defense nor the same were relied upon by petitioner

By | December 30th, 2017|Evidence - Civil|

Comments Off on Production of Documents-Grant of Leave– Suit at stage of adducing evidence by petitioner-Documents mentioned in the affidavit were neither the basis of defense nor the same were relied upon by petitioner

Closing of Evidence by order—To do justice, sometimes technicalities is to be ignored—One more effective opportunity granted.

By | December 18th, 2017|Evidence - Civil|

Comments Off on Closing of Evidence by order—To do justice, sometimes technicalities is to be ignored—One more effective opportunity granted.

It is a settled principle of law that the plaintiff cannot be allowed to lead evidence in rebuttal in respect of an issue, the onus of which was on the plaintiff himself.

By | December 6th, 2017|Evidence - Civil|

Comments Off on It is a settled principle of law that the plaintiff cannot be allowed to lead evidence in rebuttal in respect of an issue, the onus of which was on the plaintiff himself.

November 2017

Comparison of Signatures—Photocopy of the document can be subjected to expert opinion. Rebuttal Evidence—Plaintiff has a right to lead evidence in rebuttal in respect of an issue, the onus of which was on the defendants.

By | November 20th, 2017|Evidence - Civil|

Comments Off on Comparison of Signatures—Photocopy of the document can be subjected to expert opinion. Rebuttal Evidence—Plaintiff has a right to lead evidence in rebuttal in respect of an issue, the onus of which was on the defendants.

Additional Evidence—Cause of action accrued to plaintiff only after acceptance of application for secondary evidence by defendant—Plaintiff is entitled to lead additional evidence in this regard.

By | November 13th, 2017|Evidence - Civil|

Comments Off on Additional Evidence—Cause of action accrued to plaintiff only after acceptance of application for secondary evidence by defendant—Plaintiff is entitled to lead additional evidence in this regard.

Recalling of Witness—This provision can only be invoked by the Court for its convenience and not on the asking of any party.

By | November 12th, 2017|Evidence - Civil|

Comments Off on Recalling of Witness—This provision can only be invoked by the Court for its convenience and not on the asking of any party.

Compromise of Suit—Holding of an enquiry is must in case a compromise is asserted by one party and denied by other party.

By | November 8th, 2017|Evidence - Civil|

Comments Off on Compromise of Suit—Holding of an enquiry is must in case a compromise is asserted by one party and denied by other party.

Civil Procedure Code, 1908,0.17 R.2 & S.35-B–Adjournment–Costs–Non-payment of cost is not a ground to struck off the defence.

By | November 5th, 2017|Evidence - Civil|

Comments Off on Civil Procedure Code, 1908,0.17 R.2 & S.35-B–Adjournment–Costs–Non-payment of cost is not a ground to struck off the defence.

Closing of evidence by order—Absence of Witness—Witness was duly summoned but was not present on last two dates of hearing—Thereafter, it was duty of the court to enforce the attendance of any witness through coercive methods.

By | November 4th, 2017|Evidence - Civil|

Comments Off on Closing of evidence by order—Absence of Witness—Witness was duly summoned but was not present on last two dates of hearing—Thereafter, it was duty of the court to enforce the attendance of any witness through coercive methods.

Revision-Closing of evidence by order – A procedural rule has to be liberally construed and care must be taken so that the technicality may not hamper in the administration of justice-Trial Court directed to grant one effective opportunity to conclude her evidence

By | November 4th, 2017|Evidence - Civil|

Comments Off on Revision-Closing of evidence by order – A procedural rule has to be liberally construed and care must be taken so that the technicality may not hamper in the administration of justice-Trial Court directed to grant one effective opportunity to conclude her evidence

Held; Court would have cautioned the petitioner that in case evidence was not produced, the same would be closed-Procedural wrangles cannot be allowed to stay in the way of grant of substantial justice-Trial Court directed to grant one effective opportunity to petitioner to close his evidence.

By | November 1st, 2017|Evidence - Civil|

Comments Off on Held; Court would have cautioned the petitioner that in case evidence was not produced, the same would be closed-Procedural wrangles cannot be allowed to stay in the way of grant of substantial justice-Trial Court directed to grant one effective opportunity to petitioner to close his evidence.

October 2017