section 151 of C.P.C. to set aside the order of
eschewing the evidence of DW.1, dated 08.07.2016, was
dismissed, the petitioner ... counsel for defendant Nos.1 to 3
represented before the Court to eschew the evidence of DW.1 as
he did not turn
V. Rama Naidu And Another vs Smt. V.Ramadevi on 31 January, 2018
Author: B
such, his evidence, as a whole, ought to have been eschewed. Another objection raised by the learned Counsel is, as to the admissibility ... respondents, that the evidence of DW-1 ought to have been eschewed. It reveals that neither any request was made for such a course
High Courts.
However, common feature is that such evidence cannot be eschewed as a whole. In
Dever Park Builders Pvt. Ltd. Vs. Smt.Madhuri Jalan1 ... that the evidence of a witness, who expires halfway
through, cannot be eschewed altogether. The Madras and the Calcutta High
Courts have taken the view
Nuzvid, on the Memo, filed by the respondent herein with regard to eschewing the evidence relating to PW2, has led to the filing ... over by the defendant. As such his evidence may be eschewed and the plaintiff may be permitted to adduce further evidence." The lower Court
letter, in the contention of the
petitioners, constitutes a positive act of eschewing the specific prescription of Clause 2.7 of the tender terms, in recognition
record", cases having been decided, "on no evidence", "eschewing admissible evidence" etc., emerged. While the purport of all these concepts ... been taken into account or whether relevant or admissible evidence has been eschewed is a recognised area of judicial review. It is in undertaking such
statutory
authority, like the District Collector or the Sessions Judge, eschew relevant
material having nexus to the object and purpose of Section ... formation of
opinion is preceded by consideration of relevant material, and eschewing
irrelevant material, can such an opinion be said to accord with
need to have constitutional conscience. Rational considerations and factors cannot be eschewed from consideration nor irrelevant, irrational or arbitrary factors inputted into the decision making
implicit obligation to apply his mind to pertinent and proximate matters only, eschewing the irrelevant and the remote".
In respect of preventive detention matters ... duty to take into consideration pertinent and proximate matters and eschewal of irrelevant and remote matters being the test for deciding whether
