Showing : 141-150 of 1045 Results

CALCUTTA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 376, 511-- Testimony of child victim - Rape of 10 years old girl - Manner in which child victim narrated incident in Court testifies to her competency to depose - Answers given by child victim in response to cross-examination on behalf of accused shows that she had sufficient understanding and adequate..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 364A, 114, Evidence Act, 1872, Section 118-- Kidnapping of 7 years old boy for ransom - Testimony of child witness/victim - Victim narrated the entire sequence of events from his kidnapping till his recovery and could not be shaken in cross-examination - Evidence of child witness was corroborated by PWs - Testimony of victim natural and true..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Order 17, Rule 1(2)(e)-- Cross examination - Witness present in Court but other side not ready to cross examine the witness - Court can dispense with his cross examination - However, when a genuine and bona fide request is made for adjournment, instead of resorting to forfeiture of the right to cross examine, Court may..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 256, 317-- Non-appearance of complainant - Earlier both parties did not appear - But accused filed application u/s 317 Cr.P.C. and same was allowed - For continuation of proceedings, trial Court directed complainant to appear for the purpose of cross-examination - However, complainant failed to appear before..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of expert witness for cross examination - Court itself found it necessary to cross examine the expert witness with a view to arrive at a just conclusion for doing complete and substantial justice between the parties - Court is well within its jurisdiction to pass the order allowing recall..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 138-- Cross examination - Evidence of a witness which has not undergone the "test of cross examination" is not legal and admissible evidence complying with the basic principles of natural justice...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B)-- Recovery of 6.600 kg ganja - False implication - Search and seizure was made in presence of Gazetted officer and two public witnesses - Seizure list prepared on the spot contemporaneously lends credence to evidence of said witnesses - No motive attributed to police witnesses for false case against..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 141, 142, 145-- Dishonour of cheque - Complaint by power of attorney holder - Offence by company - Power of attorney holder gave evidence on affidavit u/s 145 of the Act by mentioning in verification clause that all facts stated in affidavit are true to his knowledge - However, cross-examination of CW1 reveals..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness for cross-examination - Cannot be denied on the ground that matter has reached the stage of examination of accused u/s 313 Cr.P.C...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Recall of PWs for cross-examination - Statements of I.O was recorded but inadvertency he was not cross-examined with relation to Article-1 which was exhibited by him - Immediately, thereafter, petitioner moved an application u/s 311 Cr.P.C. seeking recalling of witnesses to the extent of Article..........

Showing : 141-150 of 1045 Results