Showing : 101-110 of 218 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Arbitration and Conciliation Act, 1996, Section 31(3)-- Arbitration award - Award not an infirmity for lack of detailed reasons when relevant records are not produced and deponents though available for cross examination are not cross examined...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 145(2)-- Dishonour of cheque - Evidence on affidavits - In the event an application is made by the accused, Court would be obliged to summon the person giving evidence on affidavit without having any discretion in the matter - Witness can be subjected to cross examination as to the facts stated in the..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 302-- Murder - Motive - Allegations that accused fired at deceased with gun - Wife of deceased withstood extensive cross examination - She gave long description of the incident and stood by the story of the shot fired by the accused - Time and place of incident and weapon used not controverted by..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 35B-- Costs - Imposed for not cross examining the witness - If costs are not paid then appropriate course is to close the cross examination of the witness and prohibit the further prosecution of the suit or the defence, as the case may be by the defaulting party...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Summoning of - In all cases Court may not wait till cross examination is over for the purpose of exercising its jurisdiction...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Arbitration and Conciliation Act, 1996, Section 34-- In an application u/s 34 of the Act issues need not to be framed - Opponent party is allowed to file the reply - Evidence by way of affidavits by both the parties is allowed and Court can also allow cross examination of deponents - Court can vary the procedure which does not include allowing..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Evidence Act, 1872, Section 138, Indian Penal Code, 1860, Section 376-- Cross examination - Fact of threatening with dagger coming in cross examination - However, this aspect neither stated in statement u/s 161 Cr.P.C. nor in FIR - Held, this contradiction does not make evidence of prosecutrix unreliable...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Evidence Act, 1872, Section 138-- Cross examination - Right of - Apart from being a natural right is a statutory right - If an exception is to be carved out, the statute must say so expressly or the same must be capable of being inferred by necessary implication...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 304A,279-- Death - Rash and negligent driving - Proof of - Without waiting for signal from conductor, appellant/driver started the bus - Passenger who was on rooftop for unloading his luggage fell down and succumbed to injuries - Held, for application of either S.279 or S.304-A it must be established that..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 19, Rule 1, 2-- Affidavit - Cross examination of deponent - Case adjourned twice - Defendants counsel not present - Evidence of plaintiff closed - Recall of order - Explanation given for absence appears not only satisfactory but also bonafide - Foreclosure of the defendants right to cross examine the plaintiff..........

Showing : 101-110 of 218 Results