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N. SESHASAYEE
J. Thennarasu – Appellant
Versus
Anita Nalliah – Respondent
JUDGMENT
(Prayer: CRP(PD) No.2532 of 2021 : Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and final order dated 23.10.2021 in MP.SR.No.35278 of 2021 in RLTOP.No.477 of 2020 on the file of the learned XVI Small Causes Judge cum Rent Controller, Chennai, and permit the petitioner to recall and cross-examine P.W.1 in the interest of justice.
CRP(PD) Nos.2372 & 2373 of 2021 : Civil Revision Petitions filed under Article 227 of the Constitution of India, praying to set aside the order and decretal order passed by XVI Small Causes Court, Chennai in (i) MP.SR.No.25480 of 2021 in R.L.T.O.P.No.374 of 2019 and (ii) MP.SR.No.26950 of 2021 in R.L.T.O.P.No.376 of 2019, dated 07.09.2021.)
Common Order:
1. The short point involved in this batch of revisions relates to the power of the Rent Controller to allow cross-examination of witnesses under Section 36(2) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (hereinafter would be referred to as the Act). Before dealing with this issue, the b
The necessity for cross-examination in a release application under U.P. Act No. 13 of 1972 depends on the specific facts and circumstances of each case, and cross-examination cannot be claimed as a m....
The discretion of the Rent Court to allow cross-examination, the importance of fair procedures and compliance with the rules of natural justice in Rent Control Proceedings, and the need to avoid prol....
The main legal point established in the judgment is the importance of granting reasonable opportunity to cross-examine witnesses and imposing costs to compensate for any inconvenience caused, as emph....
The power to recall any witness under Order 18 Rule 17 can be exercised by court either on its own motion or on an application filed by any of parties to suit requesting court to exercise the said po....
In summary rent control proceedings, a request for cross-examination to determine locus standi may be denied where the matter can be adequately resolved through existing pleadings and evidence, and w....
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