requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything ... requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed. (6) The Central
Section 145 in The Negotiable Instruments Act, 1881
145. Evidence on affidavit.—
(1) Notwithstanding anything contained in the Code of Criminal Procedure ... prosecution or the accused, summon and examine any person giving evidence on affidavit as to the facts contained therein
accused that any
evidence in defence, like the complainant's evidence, may also be given
on affidavit. It upheld the claim observing as follows ... with the evidence of a formal nature whereas under the latter
provision, all evidences including substantive evidence may be given on
affidavit. Section
evidence in any enquiry, trial or other proceeding. Thus, it is clear that once the evidence of the complainant is given on affidavit ... provides that the evidence of any person whose evidence is of a "formal character" may be given by affidavit and may, subject
reliance upon certain portions/extracts from the
said affidavit in reply in the said affidavit of evidence. By an order dated 9 th
April ... permit the party to
lead an irrelevant evidence or evidence not related to the issue even in affidavit
filed by way of examination in chief
documents produced in accordance with this Act, or in any record of evidence given in the course of any proceedings under this Act (other than ... particulars in respect of any statement, return, accounts, documents, evidence, affidavit or deposition, for the purpose of any prosecution under the Indian Penal Code
appellants that
the evidence led by the plaintiff was no evidence at all since the
deponents of the Evidence Affidavits had never entered the witness ... Evidence
Act tells us what can constitute examination-in-chief or evidence
and what cannot. Therefore, if any portion of a purported Evidence
Affidavit does
manner of extraneous material to be
stated on affidavit and to disguise that affidavit as an affidavit in lieu
of examination in chief. The argument ... Order 19 of the CPC and of the
Evidence Act . A non-conforming evidence affidavit is anathema to
our system of law.
22. There
Circular Orders regarding affidavits and reception of evidence
and the scope; Law of Evidence Reception of affidavit in
evidence and appointment of Advocate Commissioner ... examination:
(a) Section 1 of the Indian Evidence Act (for short Evidence
Act lays down that the Evidence Act applies to all Judicial
Proceedings
chief examination evidence by Court,
for that, law of evidence guided by Evidence Act has to apply. After that
for cross examination Evidence Act automatically ... Evidence Act and
Order 18 Rule 4 CPC , though Sec.1 Evidence Act says application of Evidence
Act doesnt extend to affidavits, (i) whether
