Showing : 101-110 of 208 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Medical Evidence-- Death by drowning - In cross examination surgeon stated that it is possible that deceased had committed suicide - Held, merely because autopsy surgeon talked of some other possibility, it does not lead to the conclusion that the medical evidence does not corroborate the prosecution case...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 397(2), 91, 311-- Application to produce certain documents and application for recall of complainant for cross examination - Trial Court dismissed both the applications - High Court in revision allowed the same - Held, revision against interlocutory orders is not maintainable - Secondly before allowing application..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20-- Illegal gratification - Acquittal by trial Court - Conviction by High Court - Recovery proved - Burden of rebuttal shifted upon accused who failed to rebut the same - Plea that it was not bribe but it was repayment of loan - Number of notes matched with the numbers noted in the ACB - Bushirt..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Juvenile Justice (Care and Protection of Children) Act, 2000-- Juvenile - Plea taken for the first time in Supreme Court - Held, that this plea cannot be taken at this stage as question of age of appellants is a question of fact on which evidence, cross examination is required - If plea of Juvenility is not raised before trial Court or High Court and is..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Prevention of Corruption Act, 1988, Section 20, Evidence Act, 1872, Section 106-- Burden of proof - Presumption u/s 20 of the Act is a rebuttable presumption - Accused can rebut it either through the cross examination of the witnesses cited against him or by adducing reliable evidence - It is not necessary for the accused to prove his case beyond reasonable doubt - Accused has..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness - Evidence now sought to be led was already within knowledge of witness - It was only after cross examination of witness that certain lapses in evidence came to the notice - Does not make out a case for recall of a witness - Application rightly rejected...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 302-- Murder - Sole testimony of eye witness found trustworthy and reliable - Her presence at the spot proved - She knew the accused as they were residents of same locality - Minor contradictions in her cross examination is of no consequence - Conviction by trial Court and High Court, upheld...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 96, 106-- Right of private defence - Burden of proof - Burden of proof lies on the accused that he aced in private defence - Accused can discharge his onus to by mere preponderance of probabilities either by cross examination of PW's or by adducing defence evidence...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 319-- Cross examination of a witness is necessary in order to summon accused u/s 319 Cr.P.C. - Also whether such power can be exercised only if Court is satisfied that accused summoned in all likelihood would be convicted - Both these matters referred to a larger bench...........

Showing : 101-110 of 208 Results