Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Neither chief examination nor cross examination of witnesses recorded - Summoning of additional accused only on the basis of putting two questions to the witnesses - Summoning of additional accused only on the basis of oral submission of witnesses - Not permissible - Order is totally based on..........
Civil Procedure Code, 1908, Order 18, Rule 5 -- Examination-in-chief of PW1 through affidavit - PW1 was cross-examined - Compliance of O.18.R.5 CPC was made wherein after recording on oath PW1 had proved paper which was authorized letter for instituting suit - Statement of PW1 in evidence thus, cannot be disbelieved as contended by defendant...........
Agreement to sell -- Specific performance - Once there is a specific recital with regard to delivery of possession in agreement to sell signed by parties which has been proved and father of plaintiff positively deposed that possession was delivered to plaintiffs, mere failure of plaintiff to depose about delivery of possession in examination-in-chief not sufficient for..........
Indian Penal Code, 1860, Section 302, 392, 420, 201, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of knife and rope - Recovery effected on disclosure statement of accused - PW4 and PW5 categorically stated in their deposition that recovery effected with the help of sniffer dogs - However, said fact is neither mentioned in FIR nor I.O in..........
Civil Procedure Code, 1908, Section 151 -- Witness not present for cross examination - Court passed an order to eschew the chief evidence affidavit - Witness is an old man, aged about 69 years who was suffering from fever and jaundice - Medical certificate were produced in support of said fact - However, trial Court has not referred to any medical certificate produced by..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court can exercise power u/s 319 Cr.P.C, even on basis of statement made in examination-in-chief of witness concerned...........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Examination-in-chief by way of affidavit - Beyond pleadings - Trial of suit not to halt - Objection thereto has to be recorded and decided at the final stage - Cross examination too would be permitted, subject to the said objection(s)...........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Examination-in-chief by way of affidavit - Affidavit in evidence can factually expand on a plea taken in the plaint - It can also support factual assertions made in the plaint but it cannot contradict or state facts which cannot be derived from the plaint - Practice of filing..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Examination-in-chief by way of affidavit - If any part of affidavit in evidence is objected to including the ground of mode of proof or admissibility, such objections can be recorded and subject to same being decided at the time of final adjudication, cross-examination could..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Opportunity to cross-examine PWs not availed by Amicus Curiae (appointed for defending accused), as a result of which it was closed by trial Court - Since legal aid provided by Amicus Curiae was not real and effective, as he denied to cross-examine PWs, therefore impugned order is passed on..........
