Showing : 261-270 of 1014 Results

BOMBAY HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 138, 146, 148-- Cross examination - Refusal to allow questions at the time of cross examination can only be justified if Court comes to conclusion that questions are : (i) inter-alia those which a party can not be forced to answer; (ii) patently erroneous; (iii) put to delay the proceedings; (iv) for oblique..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 148-- Cross examination - Court would not be justified in imposing restrictions in cross examination of witness - However, it may impose restriction in the course of trial if it comes to a conclusion that some of cross examination was unnecessary - Court has powers to control the cross examination of a..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 307-- Offence u/s 307 IPC - Quashing of complaint - Compliant filed after delay of 16 years - Though complainant stood convicted in cross case but he did not even bother to seek simultaneous trial of cross case - Having regard to nature of allegations and entirety of circumstances, it would be unfair..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 118, 139-- Dishonour of cheque - Presumption - Rebuttal - Available, if same is rebutted on basis of cross examination of witnesses of complainant and other material evidence on record - It is not mandatory for accused to enter into witness box for purpose of rebuttal of presumption...........
JHARKHAND HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 137-- Cross-examination - A witness should be cross-examined on each and every point and failure to cross-examine him/her on a particular point would entail a presumption that party not cross-examining the witness had accepted the evidence...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Ex parte order - Denial of marriage by husband - Husband contracted second marriage without consent of his first wife - Husband cannot deny maintenance to first wife as he cannot be permitted to take advantage of his own wrong - Moreover, no recall application against ex parte..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Ex parte order - Denial of marriage by husband - Husband contracted second marriage without consent of his first wife - Husband cannot deny maintenance to first wife as he cannot be permitted to take advantage of his own wrong - Moreover, no recall application against ex parte..........
ORISSA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Transfer of Property Act, 1882, Section 106-- Counter claim - Averments made in counter claim regarding termination of tenancy themselves constitute notice as mandated u/s 106 of T.P.Act which matures upon expiry of 15 days from the date of its service upon tenant or his counsel and its prematurity has not been raised and disposed of within..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 18, Rule 4-- Affidavit in lieu of examination-in-chief - Affidavit to contain only the relevant facts in issue - Affidavit should not be beyond pleadings and which is irrelevant to the issues framed - In case there are totally irrelevant depositions ex facie, Court can direct deponent to file fresh affidavit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 138-- Witness turned hostile in cross examination - It is only at this stage that re-examination of witness can be sought and not when witness after examination is discharged...........

Showing : 261-270 of 1014 Results