Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power of Court to recall any witness or witnesses already examined or to summon any witness can be invoked even if evidence in both sides is closed so long as Court retains seisin of criminal proceedings...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - If evidence of any witness appears to Court to be essential for just decision of case, it is power of Court to summon and examine or recall and re-examine any such person...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Merely because a particular evidence which ought to have been adduced but had not been adduced, Appellate Court cannot remand the suit...........
Evidence Act, 1872, Section 58 -- Admission - Admissions in the pleadings of written statement are admissible u/s 58 of the Act...........
Evidence Act, 1872, Section 102 -- Burden of proof - Plea of fraud - Specific plea of fraud is taken by plaintiffs - To prove this fact burden lies on plaintiffs themselves - Shifting of burden to prove such fraud on defendant by first Appellate Court is wrong and unsustainable...........
Indian Penal Code, 1860, Section 302 -- Murder - Eye witnesses who were living two kilometers away from the spot claiming that they heard scream and went to spot and saw occurrence - Testimony of eye witnesses does not inspire confidence - Best witnesses of occurrence turned hostile - PW9 signatory to Mahazar and confession statement of accused also turned hostile -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - Husband despite allegation of adultery made efforts to reside with wife and he filed application u/s 9 of Hindu Marriage Act - Allegation of adultery was purely made on basis of doubt - Evidence adduced by husband is thus, not sufficient enough to draw a conclusion that wife was living in..........
Will -- Undated Will does not affect genuineness of Will, when such imperfection is explained by way of evidence...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Absence due to fever and sickness of nephew - Restoration application filed immediately - Medical evidence - It is highly unlikely to expect a medical record for each illness which incapacitate the party from appearing on a given day, particularly when bona fide of the party is..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff absent for one day and litigation stood stalled for a period of 10 years in trial Court - Reason for absence is due to fever and sickness of nephew of plaintiff - Restoration application filed immediately along with evidence affidavit - Application for restoration allowed..........
