154 evidence act in civil suits

Y. Syamalamma VS Kamalamma - 18 Sep 96

India - Andhra Pradesh

INDIAN EVIDENCE ACT, Sec.154 - There is no embargo in the provision to restrict the benefit of cross-examination of one s own witness ... only to criminal proceedings, but it equally applies to civil proceedings as well. ... The provision under Section 154 of the Evidence Act does not distinguish between civil and criminal proceedings. ... the Evidence act does not provide for cross-examination of a witness in civil proceedings. ... The Courts have held in series of decisions that Section 154 of the evidence Act does not say anything about declaring a witness

Aruna Sagar VS Shrushti Infrastructure Corporation - 06 Nov 15

India - Andhra Pradesh

Civil Rules of Practice – Rule 32 – Transfer of Property Act, 1882 – Section 54 – Stamp Act, 1899 – Section ... on their behalf in suits and filing such applications again under Rule 32 of Civil Rules of Practice and Order I Rule 10 C.P.C., ... Power of Attorney in his favour in respect of properties including properties which are subject-matter of above suits authorising ... of 2007 and IA No. 398 of 2013 in OS No. 154 of 2007 under Rule 32 of the Civil Rules of Practice to permit him to appear on behalf ... C.P.C., in both the suits. ... on their behalf in the suits and filing such applications again under Rule 32 of the Civil Rules of Practice and Order I Rule 10

Kallettumkara Service Co-Operative Bank VS CKL Nidhi Limited - 24 May 22

India - Kerala

Constitution of India, 1950 – Article 227 – Civil Procedure Code, 1908 – Order 18 Rule 1 – Evidence Act, ... had filed claim petitions, impugns separate orders passed file of Court –Held, Another relevant point is; can a party in a civil ... suit request the Court for permission to cross-examine the witness called by him, as provided under Section 154 of the Evidence ... , as provided under Section 154 of the Evidence Act? ... , as provided under Section 154 of the Evidence Act? ... Section 154 of the Evidence Act deals with situation when the Court may, in its discretion, permit the person who calls a witness

P. P. MAMOO KOYA VS P. ANDU - 30 Nov 82

India - Karnataka

delay in the disposal of the suits. ... No. 154/1982 of that court. ... C., the balance of convenience, and the convenience of the parties in deciding to transfer the suits to the court of the Civil Judge ... The if act that all the three suits arise out of the same agreement, the parties in all of them being the same and the issues that ... If all the suits are tried, together and the parties are permitted to adduce common evidence no hardship or loss will be caused to ... No. 154 of 1982 against the respondent in the court of the Civil Judge, mangalore, for the recovery of a sum of Rs. 31,688-75 from

Ganesh Prasad VS Rajeshwar Prasad - 14 Mar 23

India - Supreme Court

bar has no application to such later suits – Everything depends upon cause of action and in case subsequent cause of action arose ... a suit has no reference to defence taken in suit, nor is it related to evidence by which that cause of action is established – In ... the Civil Miscellaneous W.P. 1346 of 2015, thereby affirming the order passed by the Additional District Judge dated 25.02.2015, ... Suit No. 154 of 2009 filed in the Court of Civil Judge (J.D.) ... filed a fresh suit in the Civil Court labelling it as one under Section 83 of the TP Act. ... The civil suit shall be decided strictly on the basis of the evidence that may be led by the parties in accordance with law.

Chairman and Managing Director, VS P. C. Dhoot and Sons rep. - 06 Jun 06

India - Andhra Pradesh

liability arising out of other provisions of Act it is always open to aggrieved party to maintain suit in Civil Court having jurisdiction ... to 139 of Act - Respondents/plaintiffs contend that sub-sec (5) of Sec.154 specifically provides that Special Court may also determine ... civil liability against consumer in terms of money for theft of energy and that amount of civil liability so determined shall be ... liability and no other Civil Court has jurisdiction to entertain the suits in view of Section 145 of the Act, cannot be accepted ... lawful for such Special Court to act on the evidence, if any, recorded by any court in the case of presence of the accused before ... Having regard to the definition of civil liability under the Explanation to (subsection (6) of) Section 154 of the Act, it is clear

Legal Heirs of Jadab Chandra Paul VS Keshab Chandra Paul - 09 Feb 21

India - Gauhati

was a recorded proprietor of the permanently and/or temporarily settled estate - Law on the point of bar created under Section 154 ... , it was projected that on amicable settlement, the land fell in the share of appellant nos. 1(1) and 2 and that they had carried ... (1)(d) and (e) of ALLR, having been well settled, no substantial question of law arises for decision in this case - Appeal dismissed ... This does not debar the civil court from entertaining suits based on title to the property. ... The question of jurisdiction of the Civil Court in matters covered by clauses (a) to (m) of Section 154(1) of the Regulation came ... Their Lordships held that the provision did not preclude the civil court to entertain suits based on title to the property.

Guntaka Hussenaiah VS Busetti Yerraiah - 18 Aug 54

India - Andhra Pradesh

EVIDENCE ACT - SECTION 52, 146, 155 - CHARACTER EVIDENCE - RELEVANCY - IMPEACHING CREDIT OF WITNESS - CROSS-EXAMINATION. ... similar suits filed by him. ... and in not exercising its own judgment in evaluating the evidence. ... ... This section deals with the relevancy of character evidence in civil cases. ... It is argued that the learned Judge contravened the provisions of S. 52, Evidence Act. ... The learned Judge discredited the evidence of the plaintiff on the ground that he filed similar suits with false claims and that

SULTAN-UL-ULOOM EDUCATION SOCIETY VS PRINCESS FATIMA FOUZIA, D/O LATE WALESHAN - 18 Jul 07

India - Andhra Pradesh

, Section 29 – Appeal – Decree of Court - Suits for declaring the action of the trustees of the second respondent trust in declaring ... Code of Civil procedure, 1908 – Order 41, Rule 27 – Code of Criminal procedure, 1973 – 145 and 146 – State Financial Corporations Act ... plaintiff is entitled to the relief of specific performance for other reasons legality or otherwise of the direction given by the Civil ... The first respondent herein filed the suits O. S. No. 154 of 2003 and O. S. ... No. 154 of 2003 and o. S. No. 181 of 2003. The appellant is a third party to the suits. ... More significantly, the Civil court cannot grant such a relief in favour of the defendants while dismissing the suits, in the absence

ABDUL REJAK LASKAR vs MAFIZUR RAHMAN - 20 Dec 24

India - Supreme Court

(A) Assam Land Revenue Regulation, 1886 - Sections 97 and 154(1)(e) - Jurisdiction of civil courts in partition suits - The High ... 154(1)(e) unless the conditions of Section 97 are met - The plaintiff was not in possession of the land and lacked consent from ... Court allowed the second appeal, holding that civil courts are barred from entertaining suits for imperfect partition under Section ... Section 154(1) does not preclude suits based on title to the property from being within the jurisdiction of civil courts. ... 2004 had rightly returned a finding upon examination of evidence that actual possession is a precondition to succeed in a claim for ... the civil court notwithstanding the provisions contained in Section 154(1)(a) of the Regulation.”

Deoraj Singh VS Rambilas Singh - 27 Nov 50

India - Patna

The first Court decreed the suits in part. On appeal, the lower appellate Court dismissed the appeals. ... Under S. 107, Civil P. ... Under O. 41, R. 33, Civil P. ... No. 157/46 (S. a. 346/48) the commuted rent is Rs. 2-2-10 dams and in rent suit No. 154/46 (S. a. 347/48) the commuted rent is Rs ... ... In view of these provisions contained in the Civil P. ... There was plea of payment in each of the suits which gave rise to these appeals.

Siddappa S/o Yamanappa Chigaraddi Vs Yamanappa S/o Hanamappa Shashannavar - 25 Feb 25

India - Karnataka

(Paras 5, 10, 12) ... ... (B) Civil Procedure - Amendment to CPC - The object ... of Court: ... The trial court's decision to appoint a commissioner was within its discretion and aimed at better appreciation of evidence ... procedure in suits and civil proceedings are governed by CPC. ... Civil Judge and JMFC, Mudhol in OS No.154/2016 vide Annexure-C, in the interest of justice and equity.” ... Recently also, in order to cut short the delays at various levels in disposal of civil cases, CPC was amended by the Amendment Act

Shiv Prasad VS Ist Additional District Judge - 27 Jan 92

India - Allahabad

in the interest of justice that a joint trial should be held, all such suits can be decided on the basis of evidence in one suit ... ACT 13 OF 1972, S. 20 - CPC, SS. 24(4), 24(5), ORDER IV-A. ... Order IV-A of the CPC contemplates that when two or more suits or proceedings are pending in the same court and the court feels necessary ... Suit No. 3 of 1982 and suit No. 154 of 1980 were regular suits and were pending in the court of Ist Additional Civil Judge. ... Thereafter, all the aforesaid three suits were consolidated in the court of Additional Civil Judge, Allahabad and common evidence ... may be decided upon the evidence in all or any such suits or proceedings.

Nur Islam VS Troilokhya Nath Hazarika - 03 Oct 88

India - Gauhati

of the civil court in such matters. ... to the property was involved and the plaintiffs sought a declaration of their right in the civil court. ... CIVIL PROCEDURE CODE - SECTION 9 - ASSAM (TEMPORARILY SETTLED AREAS) TENANCY ACT, 1971 - SECTION 66 - JURISDICTION OF CIVIL COURT ... However, it will be open for the petitioners defendants to adduce evidence in course of trial in respect of, their stand taken in ... try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.” ... jurisdiction in all suits between landlord and tenant as such.

Dakshin Haryana Bijli Vitran Nigam Ltd. and others vs Jaswant @ Jaibir - 30 Aug 17

India - Punjab and Haryana

The civil court's jurisdiction was questioned due to the provisions of the Indian Electricity Act. ... alleged, as the assessing officer lacks authority to impose penalties in such cases. ... Electricity - Jurisdiction of Civil Court - [Indian Electricity Act, 2003, Sections 126, 127, 135, 145] - The court held that ... try all Suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. ... of Section 154 of the Act. ... Therefore, the 'civil liability' as contemplated under Section 154(5) of the Act is in the nature of additional punishment

P.ABDU vs THE AUTHORIZED OFFICER - 14 Jul 16

India - Kerala

, emphasizing the need for supporting evidence in disputes over property transfers. ... Issues: Whether the property in question is rightly considered a secured asset under the SARFAESI Act, particularly with regard ... proceedings, as the claim of ownership relates to an asset being treated as secured under the SARFAESI act, which the civil court ... It is made clear that in suits of civil nature, which do not come within the category mentioned in Section 34 of the SARFAESI Act ... civil court as the one contained in Section 34 of the SARFAESI Act, the question as to whether the property involved in this case ... The burden is heavily on the petitioner to establish such an 'oral gift' in case there was such an oral gift, by adducing evidence

Kuruvakotapaty Chinna Linganna VS Alla Mallikarjuna Reddy - 29 Mar 11

India - Andhra Pradesh

property was reversed in view of the fact that the cause of action in both the suits are different. ... Act. ... A) SPECIFIC RELIEF ACT, 1963, Section 20 - Limitation Act, 1963, Article 54:- The period of limitation of three years has to be counted ... The learned Principal Junior Civil Judge, Nandyal, decreed both the suits granting relief of specific performance in O.S.No.154 of ... The learned trial Court tried both the suits jointly, recorded evidence in O.S.No.136 of 1998 and delivered common judgment referring ... Judge, Nandyal in O.S.No.154 of 1998.

Padam Singh Jain VS Chandra Brothers - 21 Apr 89

India - Patna

Evidence Act, 1872-Section 115-estoppel-landlord and tenant-a tenant paying rent to the landlord is precluded from challenging the ... AIR 1980 Pat. 242(FB), 1983 PLJR 15 (SC)-Relied upon. 74 CWN 269, AIR 1968 Mad. 154 ... in nature-has to be construed strictly. ... in Annexure-1 as also the evidence of P.W.3 in paragraph 10 of his deposition and as contained in Annexure-2 to this civil revision ... applies to both types of suits i.e. suits by the firm as well as suits on behalf of the firm. ... of the suits, the provisions contained in S.69 of the Partnership Act are mandatory in nature, there cannot be any doubt that it

AROCKIASAMY vs THE STATE OF TAMIL NADU - 10 Sep 24

India - Supreme Court

Finding of the Court: The court found that the High Court erred in assuming that the civil litigation had not attained ... civil litigation, arguing that the High Court misinterpreted the status of the civil cases. ... Issues: Whether the High Court correctly quashed the criminal proceedings for forgery based on the status of the civil litigation ... The learned counsel for the respondents on the other hand would submit that no doubt the concerned civil suits were disposed of on ... with respect to a document after it has been produced or given in evidence in a proceeding in any court i.e. during the time when ... No.154 of 2017 filed by A. Arokiasamy and Baby Arokiasamy. 4.

Gurdial Singh VS Massa Singh - 11 Nov 76

India - Punjab and Haryana

this Court or Courts below as also to suits in the original trials. ... EXECUTION APPLICATION OR REPLY TO OBJECTION PETITION - EVIDENCE NOT LED - FINDING OF FACT AGAINST MORTGAGE - NO MERIT IN APPEAL. ... objections under Sections 47 and 151 of the Civil Procedure Code read with Section 19-A of the Punjab Security of Land Tenures Act ... Construing S. 4 of the Court-fees Act and S. 149 of the Civil P. ... no evidence can even be looked into for this purpose. ... Apparently, in response thereto, the appellants took up the plea in the suit that they had in fact mortgaged 154 Kanals and 6 Marlas

Searched Results

Y. Syamalamma VS Kamalamma - 18 Sep 96

Aruna Sagar VS Shrushti Infrastructure Corporation - 06 Nov 15

Kallettumkara Service Co-Operative Bank VS CKL Nidhi Limited - 24 May 22

P. P. MAMOO KOYA VS P. ANDU - 30 Nov 82

Ganesh Prasad VS Rajeshwar Prasad - 14 Mar 23

Chairman and Managing Director, VS P. C. Dhoot and Sons rep. - 06 Jun 06

Legal Heirs of Jadab Chandra Paul VS Keshab Chandra Paul - 09 Feb 21

Guntaka Hussenaiah VS Busetti Yerraiah - 18 Aug 54

SULTAN-UL-ULOOM EDUCATION SOCIETY VS PRINCESS FATIMA FOUZIA, D/O LATE WALESHAN - 18 Jul 07

ABDUL REJAK LASKAR vs MAFIZUR RAHMAN - 20 Dec 24

Deoraj Singh VS Rambilas Singh - 27 Nov 50

Siddappa S/o Yamanappa Chigaraddi Vs Yamanappa S/o Hanamappa Shashannavar - 25 Feb 25

Shiv Prasad VS Ist Additional District Judge - 27 Jan 92

Nur Islam VS Troilokhya Nath Hazarika - 03 Oct 88

Dakshin Haryana Bijli Vitran Nigam Ltd. and others vs Jaswant @ Jaibir - 30 Aug 17

P.ABDU vs THE AUTHORIZED OFFICER - 14 Jul 16

Kuruvakotapaty Chinna Linganna VS Alla Mallikarjuna Reddy - 29 Mar 11

Padam Singh Jain VS Chandra Brothers - 21 Apr 89

AROCKIASAMY vs THE STATE OF TAMIL NADU - 10 Sep 24

Gurdial Singh VS Massa Singh - 11 Nov 76