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.
Comments Off on Closing of Evidence by order—Diet money but other expenses having been been deposited to summon the witness—Thereafter, it was the duty of the court to enforce the attendance of any witness through coercive methods.
Comments Off on Evidence Act, 1872, S.34–Bahi Entry-When commission against himself proves his Accounts, which were maintained in routine by him then examination of clerk who had made entry is not necessary.
Comments Off on Defendant no-1 is suffering from various ailments and is an old lady of 80 years of age—She cannot travel a long distance from Bhopal to Chandigarh for examination—Direction issued to record cross examination through video conferencing.
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.
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.
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
Comments Off on Withdrawal of suit—Liberty to file fresh suit—An application must disclose the technical defects in the pleadings which cannot be cured by any other means including the amendment application.
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
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.
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.
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.
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
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.
Comments Off on Civil Procedure Code, 1908, O.11 R.14–Summoning of Witness-Having availed the process of summoning and after dismissal of first application on the same relief, the second application on the same cause of action cannot be allowed-Petition dismissed.