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1 - 9 of 9 (0.58 seconds)M/S Icici Bank Limited vs Kamini Sharma & Anr on 31 January, 2018
20. PW 1 has tendered his oral evidence which is contained in his
affidavit Ex. PW1/A. A question may arise here that PW1 is not
privy to the execution of various documents on which the cause of
action has been founded upon by the defendants. On this aspect the
Ld. Counsel for the plaintiff has placed strong reliance on
judgment passed on 31.01.2018 by our own High Court in RFA
No. 297/2015 titled 'M/S ICICI Bank Limited versus Kamini
Sharma & Another'. The sum and substance of the facts of the said
case are similarly placed as the facts in the case under
consideration.
The Code of Civil Procedure, 1908
Section 85 in The Indian Evidence Act, 1872 [Entire Act]
The Indian Evidence Act, 1872
The Bankers Books Evidence Act, 1891
Section 65 in The Companies Act, 1956 [Entire Act]
The Companies Act, 1956
Man Kaur(Dead)By Lrs vs Hartar Singh Sangha on 5 October, 2010
23.One pertinent question that may arise is whether the power to give
evidence can be delegated. The answer has to be in negative in
view of the law laid down by the Hon'ble Apex Court in Man Kaur
(Dead) by LRs vs. Hartar Singh Sandhwa (2010) 10 SCC 512.
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