Evidence Act, 1872, Section 137 -- Examination-in-chief - Leading questions - Answers given to the leading questions put in examination-in-chief are liable to be discarded...........
Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 3, 138, Criminal Procedure Code, 1973, Section 313 -- Attempt to murder - Injury dangerous to life - Medical opinion - Doctor stated injury dangerous to life but in his examination-in-chief stated nothing as to on what basis he has declared injury as dangerous to life - Accused, thus, had no occasion to..........
Evidence Act, 1872, Section 138 -- Cross-examination - Where a party has not subjected himself to cross-examine, it would not be safe to rely on his examinatio, i, chief which has not been subjected to cross-examination...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Court can recall a witness in order to clarify any issue or doubt either suo moto or at request of any party - There is no specific provision in CPC however, enabling parties to reopen evidence for purpose of further examination-in-chief or cross-examination...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW - Suit is at the stage of evidence - Certain contradictions in examination-in-chief of PW have been pointed out, after his cross-examination - It is always open for plaintiff to lead further evidence to prove his case by moving a proper application before Court concerned - Fact situation of case,..........
Agreement to sell -- Agreement to sell is not required to be attested by attesting witnesses - Agreement to sell is attested by two attesting witnesses who had appeared in witness-box for examination-in-chief but did not appear for cross-examination - Statement cannot be read in evidence...........
Evidence Act, 1872, Section 154 -- Hostile witness - Cross-examination of one's own witness - DW2 turned hostile and deposed against chief examination and colluded with plaintiff - Defendant filed application to declare him hostile after 2 adjournment and 20 days of closure of evidence of DW2 - More so, no details are furnished as to in what context and how DW2 resiled..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Complainant supporting prosecution case in examination-in-chief - However, in cross examination clearly and categorically admitted that accused had never demanded any amount of illegal gratification and that accused never accepted any amount from him and that he had not lodged the..........
Criminal Procedure Code, 1973, Section 246(6) -- Application by Complainant to present himself again for examination-in-chief - S.246(6) Cr.P.C. permits a complainant to produce evidence of any remaining witness - This provision does not permit complainant to present himself again for examination-in-chief...........
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 11 -- Summoning of additional accused - Murder case - Plea of alibi - Accused were 175 kms away from the place of occurrence at the time of incident - Police investigation in view of documentary and other evidence collected during investigation revealed that presence of accused at the place of..........
