Showing : 11-20 of 102 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recall of witnesses - Rape - Summoning of prosecutrix and her parents for cross-examination over age of prosecutrix - Since witnesses not stated any fact regarding rape, no questions were asked regarding her age - However, as per FSL report and DNA report, semen found on vaginal swab tallied with..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 138-- Dishonour of cheque - Cross-examination of complainant closed after giving various opportunities to accused - Accused submitted that for the act of his counsel, he cannot be made to suffer, as without cross-examination of complainant he will be left defenceless and shall have no remedy - Taking..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 15-- Maintenance - Right to cross examination - Condition imposed while allowing cross examination - Family Court acted in contravention of S.15 of the Act - Impugned order set aside - Family Court would give opportunity of cross examination to both the sides and then decide the case afresh...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 15, 16, Evidence Act, 1872, Section 137-- Maintenance - Evidence by way of affidavit - Cross examination of witness - In matrimonial disputes each party gives exaggerated accounts and it is duty of Court to extract the truth from falsehood - In matrimonial litigation Family Courts have to take due care and caution in closing valuable..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recall of PWs for cross-examination - Cross-examination of two material PWs closed and made same as `NIL' - Fate of petitioners has been sealed and they have been left defenceless and irreparable loss has been caused to them, as on the basis of statement made by said PWs in examinatio, i, chief,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Demarcation report-- Challenge as to - Report of demarcation in detail and no error pointed out in the manner demarcation was carried out - Defendants had opportunity to prove that demarcation report is erroneous while leading their own evidence - Suit was pending before trial Court for more than 13 years, however,..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Cross-examination of complainant - Complainant was harassed as he appeared on various dates but no cross-examination was carried - Accused misused magnanimity of Court by delaying proceedings - However, accused is granted one opportunity to cross-examine complainant subject to cost of Rs.5000/- -..........
DELHI HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 3, 138-- Cross-examination - Divorce petition - Plea that document was wrongly read in evidence - It is always open to a litigant to, in cross examination, confront the witness of opposite party with documents and which documents, if admitted by witnesses, are entitled to be read in evidence - In present..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 11, Rule 12-- Production of documents - Eviction petition - Tenant seeking production of documents to prove that landlord has an alternative shop now available to him to overcome his bona fide need for running business of his son - However, neither tenant nor Court can direct landlord to choose place and..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 32(1)-- Dying declaration recorded by independent person, who is neither a relative nor a friend nor interested in deposing against the accused, there should be no hesitation in accepting his version on the aspects that - (a) the declarant had an opportunity to observe and identify the assailant, (b) the..........

Showing : 11-20 of 102 Results