Court : Mumbai
Reported in : (1983)85BOMLR474
..... confined to the witnesses of the plaintiff only or of the party giving evidence. in dealing with this question, the learned judge observed (at p. 421 para. 3):neither the evidence act not the code of civil and criminal procedure contain any section or rule for ordering witnesses out of court although it ..... doubt, but there is no rule of the court to this effect, nor is there any provision of law in the civil procedure code or in any other statute. section 135, evidence act, to which reference was made by the learned judge, only provides that the order in which witnesses are produced and ..... this court is consistent with that decision. mr. zaiwala also referred to the newly added rule 3a to order 18 of civil procedure code, which now requires a party to give evidence before other witnesses. shri zaiwala submitted that there is no rule to order witness out of court, but the court has ..... also one witness for the plaintiffs. the learned counsel were informed that witnesses of both the parties could not remain present in court while the evidence was being recorded. the learned counsel mr. d.r. zaiwala, however, stated that the presence of madanlal is necessary to give instructions and ..... examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and in the absence of .....Tag this Judgment!
Court : Mumbai
Reported in : (1930)32BOMLR1435
..... the preliminary point. but i will deal first with this preliminary point.12. that question depends upon whether this case falls within section 92 of the civil procedure code, the provisions of which have admittedly not been complied with. section 92 provides that in the case of any alleged breach of any express or ..... attached to that document [after referring to the facts on which the plaintiffs relied his lordship proceeded :]22. now, that being the state of the evidence, one has to look and see, on the whole, whether the plaintiffs have established their case that this is a public temple. the conclusion i ..... on a conveyance made in august 1888, of which a certified copy was produced and we have held that the certified copy is admissible in evidence. ah that that evidence comes to is this, that there is a conveyance of property, which now belongs to the defendants, and which does except a room in ..... then there are other sub-clauses of a 65, particularly (c), which provides'-when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time.for the purposes of that ..... is sought to be proved,...5. then by section 66, leaving out immaterial parts, it is provided that-the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, or to his attorney or pleader, such notice to produce it as .....Tag this Judgment!
Court : Allahabad
Reported in : (1887)ILR9All366
..... the hearing been given to the appellant through the court, under section 131 of the civil procedure code. in the view which we take, it is unnecessary to consider whether or not such notice was in fact given. there is no evidence of it on the record before us, nor is it necessary for us to consider ..... it has been contended that we ought to hold, that in no case could a district judge exercise on a close holiday any judicial function on the civil side of his court, cases of great hardship might arise. take, for instance, the case of a judgment-debtor applying, at the commencement of the dasehra ..... opinion that on such a close holiday as that in question, a judge might properly decline to proceed with any inquiry, trial or other matter on the civil side of his court; and any party to any judicial proceeding, if present, could successfully object to any such inquiry being proceeded with; and in the ..... the judge to hold the inquiry on a close holiday. mr. hill, on behalf of the appellant, contended that, by reason of section 17 of the bengal civil courts acts, 1871, the judge had no jurisdiction, and the parties could not, by consent or otherwise, give him, as a judge, jurisdiction to enter upon ..... 27th, 28th and 29th of september 1886, were days which were included in the list prepared by this court in accordance with section 17 of the bengal civil courts act, 1871, of days to be observed as close holidays in the courts subordinate to this court, of which the court of the judge of cawnpore .....Tag this Judgment!
Court : Kolkata
Reported in : (1890)ILR17Cal281
..... sum of rs. 7,417-8 as mesne profits.2. it appears that a commission was issued by the court under the provisions of the civil procedure code to the civil court ameen, directing him to bold a local investigation for the purpose of ascertaining the amount of mesne profits payable by the judgment-debtor, ..... consideration the ameen's report. he points out that, under the provisions of section 393 of the civil procedure code, the subordinate judge was bound to use the ameen's report and the evidence taken by him as evidence in the suit, and that no rules framed by the court under the court fees act can ..... treat such report and evidence as evidence in the suit. we are also of opinion that article 3 of the rules is itself ultra vires. a commission is not, in our opinion, ..... applicable to the present case, and under which he has refused to use the ameen's report as evidence. in our opinion this note is ultra vires. it is inconsistent with section 393 of the civil procedure code. that section is as follows:the commissioner, after such local inspection as he deems necessary, and after ..... we are not now concerned. now, in the present case, as we have already said, the ameen completed his enquiry, and submitted his reported the evidence he had taken to the court, and, therefore, in accordance with the terms of the section just cited, we think the subordinate judge was bound to .....Tag this Judgment!
Court : Kolkata
Reported in : (1881)ILR6Cal762
..... the accused's deposition render the record of his evidence inadmissible; and that, under section 91 of the eivdence act, no other evidence of his deposition is admissible.5. we consider this contention sound. by section 647 of the civil procedure code, the procedure prescribed by the code is to be followed, as far as it can ..... english. he did not sign it, nor was it read over to the witness or translated. the requirements of sections 182 and 183 of the civil procedure code were, therefore, not complied with this is clear from the deposition of the sheristadar before the deputy commissioner.3. at the conclusion of the proceedings ..... be made applicable, in all proceedings, in any court, other than suits and appeals. by section 178 a party to a suit required to give evidence is governed by the rules as to ..... brought to its notice, that the appeal ought not to be tried by the judge before whom the false evidence was given, the appeal has been called up to this court.4. it is contended for the defence, that the informalities which took place in ..... in his court, the judge considered that the prisoner had given false evidence, and he directed that he should be prosecuted. this has resulted in his conviction, and as this court was of opinion, on the facts .....Tag this Judgment!
Court : Kolkata
Reported in : (1904)ILR31Cal815
..... francis w. maelean, c.j. and mitra, jj.1. this is an appeal under section 588, clause (16) of the code of civil procedure from an order of the subordinate judge of gya, setting aside a sale held on the 25th november 1902 in pursuance of an ..... is clear that there must be evidence of circumstances, which will warrant the necessary or at least reasonable inference that the inadequacy of price at the sale was the result of the irregularity complained ..... been asked to infer that the cause of loss to the judgment-debtors was the non-specification of the hour of sale, though there is no direct evidence on the point. assuming that these cases have correctly laid down the law and have rightly interpreted the decisions of the judicial committee referred to above, it ..... is the decision of the high court at allahabad in jagannath v. makund prasad (1895) i.l.r. 18 all. 37. admittedly there is no direct evidence in this case connecting the inadequacy of price with the non-specification of the hour of sale in the order of the 22nd september. the witnesses barhamdeo narayan ..... l.r 15 i.a. 171 and tassaduk rasul khan v. ahmad husain (1893) the judicial committee would appear to have held that there should be direct evidence connecting an alleged material irregularity in the publication or conduct of a sale with the inadequacy of price at such a sale, as cause and effect, in .....Tag this Judgment!
Court : Kolkata
Reported in : (1915)ILR42Cal675
..... 'confidential.' mr. sinha, on behalf of the government, has argued that this would render all correspondence which passed between the parties thereto incapable in any event of being used in evidence even when a settlement was arrived at. i think mr. sinha placed his case too high. the affidavits do establish, however, that in addition to the correspondence interviews took place ..... port commissioners. there is a conflict between the statements contained in the affidavit of mr. monteath and those in the affidavit of sir frederick dumayne. now, it appears from the evidence that the negotiations, which led to the settlement with the british india co., were opened early in january 1911. the negotiations no doubt were stated by sir frederick dumayne to ..... the appellant company, when in fact the land of the appellant company and bracebridge hall must be of substantially the same value. the appellant company, therefore, desire to give in evidence certain documents relating to the compromise of the claim of the british india co. two affidavits have been filed on the present application, one by mr. alexander mclaurin monteath in ..... amount to be paid by the government as compensation for the property of the appellants which ban been compulsorily acquired under the provisions of the land acquisition act. the fresh evidence that the appellants wish to adduce consists of certain documents loading up to and resulting in a compromise of another case with reference to the acquisition of the premises of .....Tag this Judgment!
Court : Privy Council
Reported in : AIR1950PC25
..... is reasonable to suppose that he would have carefully read the document on which the suit was based. on the other hand, the defendants led independent evidence in support of the factum of payment and the making of the endorsement. their lordships consider that in these circumstances there is no basis for the ..... (96 lj pc 84) and the court should have regarded the question of onus of proof as (being of no importance. 10. all the relevant evidence had not been called by the plaintiffs. they did not call the messengers who had taken the deed to and from the petition writers engaged in the ..... judges misconceived the position when they said that the burden of explaining away the endorsement on the mortgage deed was on the plaintiffs. inasmuch as all the relevant evidence had been given (so it was said) the case fell within the observations of lord dunedin in robins v. national trust co. ltd., 1927 ac 515 ..... 9300 had been raised by the sale of jewellery owned by bajabai and of certain grain. the additional district judge disbelieved this story. he also disbelieved the evidence with regard to the agreement for settlement and the payment of rs. 9300. he held that the plaintiffs were entitled to rs. 13,445-2-9, ..... deed of mortgage when is was filed in court. the learned judges did not believe the evidence that the mortgagees bad agreed to accept rs. 9500 in full settlement of their claim and considered that the evidence with regard to the payment of rs. 9300 was weak, but they held that once the .....Tag this Judgment!
Court : Kolkata
Reported in : 13Ind.Cas.206
..... -known and frequently cited ruling of couch, c.j., and glover, j., in nowbut singh v. chutterdharee singh 19 w.r. 222 that the misconstruction of a piece of documentary evidence such as this is not a mistake of law upon which a second appeal will lie. moreover, the suggestion that the ekrarnama ought to be construed in this way is .....Tag this Judgment!
Court : Gujarat
Reported in : II(1986)ACC9; 1987ACJ161; [1987(54)FLR85]; (1986)2GLR1083; (1993)IIILLJ431Guj
..... employed by respondent no. 1 the truck owner. this would have been the position i even if one were to apply the strict principles of evidence act as well as that of procedure prescribed for conducting the civil suits. thus the view taken by the commissioner is palpably wrong and the same cannot be sustained. hence the finding arrived at by the learned ..... create a smoke screen of technicalities and the learned commissioner has not been able to come out of the hide-bound thinking influenced by the provisions of the civil procedure code and evidence act with which he is more familiar as civil judge, senior division. he ought to have realised that the functions and duties of the commissioner are radically different than that of a ..... which have been made applicable to the proceedings before him. therefore, it is obvious that the commissioner is not bound to follow the procedure prescribed for trial of cases in civil courts, nor is he bound to restrict rules of evidence. as provided under section 10-a of the act, he can even act on information received by him from any source regarding ..... cause of any person suffering from economic or other disability is not sacrificed on account of technical or such other procedural defects.6. the learned commissioner is not a civil court and is not bound by the provisions of civil procedure code or that of evidence act. a division bench of the kerala high court in the case of kunchali rudrani v. baby, reported in (1979 .....Tag this Judgment!