2001 (8) TMI 1418

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....ranted. This is tenant's appeal, by Special Leave, against the judgment and order dated 2.8.1999 of the High Court of Judicature at New Delhi dismissing Second Appeal No. 41 of 1998 filed by the appellants-tenants and confirming the order of eviction from the suit premises passed against him in landlady's eviction case. In this order the parties will be referred to as the tenant and ....

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....eit strenuously on behalf of the appellant, by Mr. P S. Mishra, the learned senior counsel, is that as there has been no valid service of notice so all proceedings taken on the assumption of service of notice are illegal and void. He has invited our attention to the judgment of the learned Rent Control Tribunal wherein it is recorded that Exhibit AW1/6 dated 5.8.86 was sent by registered post: and....

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....amination. It was not suggested to him that he was not on duty during the period in question and the endorsement "refused" on the envelope was incorrect. In the absence of cross-examination of the postman on this crucial aspect his statement in the chief-examination has been rightly relied upon. There is an age old rule that if you dispute the correctness of the statement of a witness you must giv....

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.... me to be absolutely essential to the proper conduct of a cause, where it is intended to suggest that a witness is not speaking the truth on a particular point, to direct his attention to the fact by some questions put in cross-examination showing that that imputation is intended to be made and not to take his evidence and pass it by as a matter altogether unchallenged, and then, when it is imposs....