Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness on the ground that some material questions remained to be put to witness - Application bereft of any reasons as to why and what questions remained to be put to the witness - Such application is nothing but an endeavour to fill in lacuna in the evidence - Application cannot be allowed merely..........
Indian Penal Code, 1860, Section 80 -- Benefit of presumption u/s 80 IPC - Burden of proof - Degree and character of burden of proof which casts on an accused when he pleads the benefit of presumption u/s 80 IPC, cannot be equated with degree and character of proof which u/s 101 of Evidence Act rests on prosecution - Such proof may consist of circumstances appearing in..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff has been found in possession of suit property that too in lawful possession being adopted son of original owner - Said finding of fact recorded by first appellate Court after appreciation of evidence - No interference warranted in said findings - Suit rightly decreed in..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Promissory note - Determination of age of ink - Expert already gave his opinion that signatures on promissory note tallying with admitted signatures - There is no need to send the same again to expert for determination of age of ink and age of paper of Promissory note - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A(3) -- Applications filed for amendment of plaint and filing of written statement to counter claim - These two applications filed when High Court exercising jurisdiction U.O.41.R.25 CPC framed three additional issues and directed District Judge to examine the additional issues,..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Issuance of cheque and signatures thereon admitted - Presumption is attracted in favour of complainant - In absence of contrary evidence on behalf of accused presumption goes in favour of complainant...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Rule of evidence to prove charges in a criminal trial cannot be used while deciding an application u/s 166 of the Act, which is summary in nature...........
Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii) -- Offence u/s 5(j)(ii) of POCSO Act - Quashing of proceedings - Accused and victim in love relationship which culminated into a marriage relationship - Child is also born out of said relationship - Victim was 16 years old at the relevant point of time and enters into marriage relationship on her own..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of original Will - Defendant contended that original Will was lying in locker - It now transpires that there is no Will lying in the locker - It is incumbent on the party seeking to lead additional evidence by way of secondary evidence, to show that original document qua which secondary evidence is sought to..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of PW1 and PW4 - Glaring contradictions between testimony of PW1 and PW4 regarding type of material object used and role of A-2 and very foundation of case of prosecution stood shaken - Trial Court disbelieved the evidence of PW1, as nothing was stated in FIR regarding injuries sustained by him but she spoke about..........