Evidence Act, 1872, Section 137, 138 -- Cross-examination - Need not be restricted to what witness has stated in his examination-in-chief - However, Court has to decide relevancy and admissibility of any question that may be put to a witness...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused can be summoned only on basis of examination-in-chief of witness and need not wait for cross-examination etc...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of material PWs for cross-examination - Rape case - Prosecutrix had appeared in trial Court on four occasions - She cannot be repeatedly re-summoned for cross-examination - But on one occasion prosecution was responsible for second appearance of prosecutrix because of first date of her examination-in-chief, accused..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Admittedly, issues were framed - Landlord concluded his evidence - Tenant also filed his affidavit as his examination-in-chief in his affirmative examination and he has even cross-examined..........
Indian Penal Code, 1860, Section 302, 384, 34 -- Murder - All important PWs not fully supported prosecution case - Brother of deceased/PW1 though in examinatio, i, chief has supported prosecution case but later when he was cross-examined after one year of his examinatio, i, chief not supported prosecution case - Cross-examination of PW1 was adjourned for about 30 dates -..........
Madhya Pradesh Accommodation Control Act, 1961, Section 23A -- Rent and eviction - Bonafide requirement - It is the Will on basis of which ownership was claimed and same was not produced by landlord in original at time of his examination-in-chief - It appears from record that Will in original was produced along with written arguments and is also shown to be marked though..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 137 -- Dishonour of cheque - An accused is not entitled to give evidence on affidavit - Affidavit of examinatio, i, chief of accused is no examinatio, i, chief of accused - Tendering of a witness for cross examination, without conducting examinatio, i, chief amounts to giving up of the witness -..........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as his own witness - To be examined before examination of other witnesses unless Court for reasons to be recorded, permits him to appear as his own witness at a later stage - If a party was examined without permission as mandated U.O.18.R.3-A CPC, his Chief examination shall be eschewed...........
Indian Penal Code, 1860, Section 364A, 368, Evidence Act, 1872, Section 118 -- Kidnapping for ransom - Testimony of victim/child witness - Victim was aged about 3 years old at the time of incident - He was subjected to cross-examination after about 5 years of his examinatio, i, chief - Victim was not sure as to what had happened with him about 5 years back, as he was..........
Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 304B, 498A -- Hostile witness - Dowry death - Cruelty - Conviction cannot be recorded on solitary statement of witness who disowned his testimony of examinatio, i, chief and has turned hostile during beginning of cross-examination - Conviction and sentence set aside - Accused acquitted...........
