Showing : 161-170 of 1097 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68-- Execution of Will - Once no suggestion was given to witness that other witness has not signed in his presence and no clarification was sought from witness during cross examination, inference can be drawn that other witness has signed Will in presence of witness, which is unchallengeable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Examination of expert in rebuttal evidence after closure of evidence - Cross examination of PW3 was allowed after closure of evidence which necessitated examination of expert in rebuttal - Held, plaintiff could exercise his discretion to examine any further witness after taking into consideration..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Desertion - Divorce petition by husband - Wife left matrimonial home on 27.01.1997 and never tried to return back - Moreover, wife in her cross examination stated that it is not possible for her to restore conjugal rights as she has preferred appeal against judgment and decree granting restitution..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-- Recall of PW - Suit is at the stage of evidence - Certain contradictions in examination-in-chief of PW have been pointed out, after his cross-examination - It is always open for plaintiff to lead further evidence to prove his case by moving a proper application before Court concerned - Fact..........
DELHI HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29-- Recovery of 6.318 kg heroine - Except IO, none of other members of raiding team examined in whose presence contraband was recovered - No plausible explanation as to why all these material prosecution witnesses not examined - Seemingly, a trend has emerged not to examine other members of the..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973-- Case instituted on police report and case instituted otherwise than on police report - Difference - In former case, there is no scope for prosecution to examine any witness at the stage where Magistrate is to consider whether a charge is to be framed or not - Whereas, in cases instituted otherwise..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of witnesses for further cross examination on the ground that senior counsel was not present at the time of cross examination of witnesses - Nothing, but an exercise to fill up lacuna, which is not permissible - Impugned order of allowing application set aside...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Recall of witnesses - Two PWs not cross-examined by accused - No attempts to delay the trial were made on behalf of accused - It is also not a case in which multiple opportunities of cross-examination were allowed to go waste and were not availed of - It is thus, expedient and proper to direct..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151-- Recall of an order - Rent and eviction - Absence of counsel - Denying opportunity of cross-examination - Ground for rejection of recall application was that unnecessary harassment to witnesses and absence of counsel who was travelling abroad - Right of cross-examination of material evidence on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13-- Eviction - Landlord has not come to Court with clean hands and has on other hand withheld vital information personal to his knowledge, and position of owning many shops in string was ultimately admitted and truth revealed in oral testimony while facing cross-examination, then entire case of..........

Showing : 161-170 of 1097 Results