Showing : 241-250 of 1014 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376, 354-- Rape of 8th class girl by her school teacher - Prosecutrix was proved to be below 16 years at the time of incident - Statement of prosecutrix that she was sexually assaulted and raped by accused, was consistent despite test of severe cross-examination - Medical evidence supported the testimony of..........
GUJARAT HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 138, 146, 148-- Cross-examination - Irrelevant questions - Court has a discretion to decide whether witness has to be compelled to answer such questions or not - Decision of Court must reach either of these two results - Parameter to exercise said discretion is enumerated in S.148 of the Act...........
GUJARAT HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 138, 146-- Credit including character of a witness is a relevant factor to be taken into account by every Court - S.146(3) permit a cross-examiner to put questions which will not only shake the credit of a witness, but which will also expose his ethical and moral behaviour which may ultimately weigh with the..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Evidence Act, 1872, Section 3-- Statement of witness - Where statement of a witness is recorded after four years of alleged incident, mere fact that there were gaps in his memory during his cross-examination would not in and of itself discredit his entire testimony...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Evidence Act, 1872, Section 3-- Statement of witness - Where statement of a witness is recorded after four years of alleged incident, mere fact that there were gaps in his memory during his cross-examination would not in and of itself discredit his entire testimony...........
DELHI HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Security cheques - Loan taken for two years in the year 2007 - Cheques dated of the year 2011 - Contradictory statements of complainant in cross examination as to loan amount and return of amount - Held, security cheques per se does not get out of ambit of S.138 of the Act -..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Recall of witnesses at the stage when statement of accused u/s 313 Cr.P.C. has been recorded, cannot be allowed on the plea that defence counsel was not competent and had not effectively cross examined the witnesses...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Delay in filing complaint - Maintainability - Complainant sent legal notice to accused on 28.09.2010 and thereafter again legal notice issued by complainant on 11.11.2010 - Complainant himself admitted in cross-examination that date of issuance of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of a witness for further cross-examination - Petitioner seeking recalling of PW5 for his further cross-examination as some of important questions could not be put to him, because of inadvertent mistake on the part of counsel - No prejudice to be caused to prosecution in recalling PW5 -..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 13(1)(d)-- Illegal gratification - Complainant died before trial as such he was not available for cross-examination with respect to facts which were in his knowledge as to demand of bribe and its payment - Contradictions between versions of PWs with respect to place of recovery of money - There were some..........

Showing : 241-250 of 1014 Results