AI Overview...
- Order 18 Rule 4 CPC - Main points and insights:
- Allows parties or witnesses to adduce evidence via affidavits during the trial, and such evidence is to be taken on record and not rejected arbitrarily Honeypath Construction VS Kishore Das - Calcutta, PARA BISWAL VS JANJALI KHAN - Orissa.
- The rule facilitates the recording of evidence on affidavit, streamlining the trial process and ensuring that affidavits can serve as evidence unless specifically rejected for valid reasons PARA BISWAL VS JANJALI KHAN - Orissa.
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The provisions are applicable to civil courts and, in certain contexts, to tribunals such as Industrial Tribunals, which have the power to receive evidence on affidavits under this rule WORLDWIDE DIAMOND MANUFACTURERS (P) LTD. VS PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT - Andhra Pradesh.
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Copy to Opposite Side:
- The rule emphasizes the importance of serving copies of affidavits or evidence on the opposite party to ensure fairness and transparency in proceedings Honeypath Construction VS Kishore Das - Calcutta.
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Proper copying and service of affidavits are critical for the opposite side to prepare their response and participate effectively in the trial process.
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Analysis and Conclusion:
- Order 18 Rule 4 CPC plays a crucial role in civil procedure by allowing evidence to be submitted via affidavits, with an emphasis on the right to a fair hearing through proper service to the opposite side.
- Courts have consistently upheld that affidavits filed under this rule should be accepted into evidence unless there are valid reasons for rejection, ensuring procedural fairness PARA BISWAL VS JANJALI KHAN - Orissa.
- The rule's applicability extends beyond civil courts to tribunals, provided they are empowered to receive evidence on affidavits, maintaining consistency in procedural practices WORLDWIDE DIAMOND MANUFACTURERS (P) LTD. VS PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT - Andhra Pradesh.
- Proper copying to the opposite side is a procedural requirement to uphold principles of justice and fairness in civil proceedings.
Search Results for "Order 18 Rule 4 Cpc Copy to Opposite Side"
2011 0 Supreme(Cal) 7 • India - Calcutta
PRASENJIT MANDAL
EVIDENCE - Civil Procedure - The court allowed the plaintiff to adduce evidence under Order 18 Rule 4 of the Code of Civil Procedure ... During the evidence stage, plaintiff no.3 sought to adduce evidence under Order 18 Rule 4 of the Code of Civil Procedure for marking ... Issues: The rejection of the plaintiff no.3's application to adduce evidence under Order 18 Rule#....
• India - Andhra Pradesh
V.ESWARAIAH
18, Rule 4 of the CPC. ... Whether the provisions of the CPC, including Order 18, Rule 4, are applicable to Industrial Tribunals. 2. ... - INDUSTRIAL TRIBUNALS HAVE THE POWER TO RECEIVE EVIDENCE ON AFFIDAVIT IN ACCORDANCE WITH ORDER 18, RULE 4 OF THE CPC. ... 18. Order 18, Rule#HL....
2003 0 Supreme(Mad) 1157 • India - Madras
S.ASHOK KUMAR
Code of Civil Procedure (Amendment Act, 2002)-Order 18, Rule 4(1)-Scope and applicability. ... As far as the Order 18, Rule 4 and Order 18, Rule 5 C.P.C. are concerned, both of the provisions are of same statute placing side by side and both the provisions can function in their parallel channels. ... Thus, it appears as if th....
2020 0 Supreme(Gau) 659 • India - Gauhati
S.HUKATO SWU
AND POLICE IN NAGALAND ACT, 1937 - RULE 29 - ARTICLE 227 OF THE CONSTITUTION - CIVIL PROCEDURE CODE, 1908 - ORDER 43 RULE 1 - ORDER ... Deputy Commissioner, Dimapur, declaring ownership of the land in question in favor of the opposite party No.4, without allowing ... by the Ministry of Power to resolve a dispute with the opposite party No.4 over the payment of rent for the land occupied by NHPC ... Lhoutuo Loucii, the oppo....
2022 0 Supreme(Telangana) 210 • India - Telangana
P.NAVEEN RAO, G.RADHA RANI
responsible officer of court and an important adjunct of the administration of justice - Lawyer also owes a duty to court as well as to opposite ... Limitation Act - Articles 18, 113 , 56 - Section 14 - Sale of Goods Act, 1930 - Section 2 (10) - ... pay mentioned amounts together with interest from dates of default - Both writ petitions were clubbed and Hon’ble High Court vide order ... The Court after examining the provisions of Order III Rule 4 and Rule 20-A....
2004 0 Supreme(Ori) 374 • India - Orissa
A.S.NAIDU
EVIDENCE - Civil Procedure Code - Order 18, Rule 4, Order 18, Rule 5 - The court discussed the provisions of Order 18, Rule 4 ... and Rule 5 of the Civil Procedure Code, emphasizing that evidence produced on affidavit is to be taken on record and cannot be rejected ... Final Decision: The court quashed the impugned order and ....
• India - Bombay High Court
M. S. SONAK, J
The court analyzed the validity of an amendment application post-trial under the provisions of Order 6 Rule 17 of CPC, emphasizing ... The court highlighted the amendments can only be allowed if no prejudice occurs to the opposite party and the application must be ... 10] The fact that the opposite party may not have filed any reply despite being granted opportunities to do so, does not mean that the Court is obliged to act in breach of proviso to Order 6 Rule 17 of ....
2011 0 Supreme(Raj) 101 • India - Rajasthan
PRAKASH TATIA
18 Rule 13 CPC cannot be imported so as to hold that summary procedure will apply in cases where award is not appealable. ... ., Order 18 Rule 13 — "Evidence" — Meaning and scope — Method of recording evidence — Held — "Evidence" means and includes all statements ... Motor Vehicles Act, 1988, Sec. 170, 179; Rajasthan Motor Vehicles Rules, 1990, Rule 10.19; Evidence Act, 1872, Sec. 3, 137; C.P.C ... We cannot import any restriction with the help of #H....
2011 0 Supreme(Raj) 100 • India - Rajasthan
PRAKASH TATIA
18 Rule 13 CPC cannot be imported so as to hold that summary procedure will apply in cases where award is not appealable. ... ., Order 18 Rule 13 — "Evidence" — Meaning and scope — Method of recording evidence — Held — "Evidence" means and includes all statements ... Motor Vehicles Act, 1988, Sec. 170, 179; Rajasthan Motor Vehicles Rules, 1990, Rule 10.19; Evidence Act, 1872, Sec. 3, 137; C.P.C ... We cannot import any restriction with the help of #H....
2024 Supreme(Online)(HC) 2349 • India - Calcutta
Ajoy Kumar Mukherjee, J
27) ... ... Facts of the case: ... The plaintiff filed a suit for the specific performance of contract and after 14 years, the opposite ... ... ... Findings of Court: ... The court found the opposite party’s explanation inadequate and highlighted it as a matter of substantial ... sought to file a written statement belatedly claiming non-service of summons, which was countered by the plaintiff’s claim of the opposite ... On September, 20, 2005 the opposite party/defendant filed an application under order#H....
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