Civil Procedure Code, 1908—Order 18, Rule 17—Recall and examination of witness—Power to recall any witness under Order 18, Rule 17 CPC can be exercised by Court either on its own motion or on an application filed by any of parties to suit—Such power is to be invoked not to fill up lacunae in evidence of the witness which has already been recorded but to clear any ambiguity that may have arisen during course of his examination—If evidence on re-examination of a witness has a bearing on ultimate decision of suit, it is always within discretion of Trial Court to permit recall of such a witness for re-examination-in-chief with permission to defendants to cross-examine witness thereafter. Error! No text of specified style in document. vs. Error! No text of specified style in document.

where the “payee” is a proprietary concern the complaint can be filed (i) by the proprietor of the proprietary concern describing himself as the sole proprietor of the “payee” – In a case of this nature, where the “payee” is a company or a sole proprietary concern, such issue cannot be adjudicated upon taking any guidance from Section 142 of the Act 1881 but the case shall be governed by the general law i.e. the Companies Act 1956 or by civil law where an individual carries on business in the name or style other than his own name. In such a situation, he can sue in his own name and not in trading name, though others can sue him in the trading name. So far as Section 142 is concerned, a complaint shall be maintainable in the name of the “payee”, proprietary concern itself or in the name of the proprietor of the said concern.

No doubt, the right to personal liberty of an individual is jealously protected by our Constitution but this liberty is not absolute and is not to be understood to amount to licence to indulge in activities which wrongfully and unjustly deprive the community or the society of essential services and supplies. The right of the society as a whole is, from its very nature, of much greater importance than that of an individual. In case of conflict between the two rights, the individual’s right is subjected by our Constitution to reasonable restrictions in the larger interests of the society.

Section 4 of the Indian Oaths Act lays down the authority to administer oaths and affirmations and it prescribes the courts and persons authorised to administer by themselves or by their officers empowere a that behalf oaths and affirmations in discharge of the duties or in exercise of the powers imposed upon them and they are all courts and persons having by law the authority to receive evidence.

Laws and Policy The term “immigration laws” includes all laws, conventions, and treaties of the United States relating to the immigration, exclusion, deportation, expulsion, or removal of aliens. Legislation Immigration and Nationality Act-1952 -An act of Congress that, along with other immigration laws, treaties and conventions of the United States, relates to the immigration, temporary admission, naturalization and removal of […]

8 U.S.C. United States Code, 2018 Edition Title 8 – ALIENS AND NATIONALITY CHAPTER 12 – IMMIGRATION AND NATIONALITY SUBCHAPTER I – GENERAL PROVISIONS Sec. 1101 – Definitions The Immigration and Nationality Act (INA) was enacted in 1952 Sec. 1101 – Definitions §1101. Definitions (a) As used in this chapter— (1) The term “administrator” means the official designated by the […]

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