Showing : 11-20 of 93 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Advocates Act, 1961, Section 48AA-- Review - Order of Bar Council of India (BCI) - Reason which swayed BCI to review its own order was that before State Disciplinary Committee respondent/advocate was not given adequate opportunity to cross-examine complainant - However, cross-examination of complainant was closed after giving..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 137, 154-- Re-examination of witness by taking aid of S.154 of the Act - Application opposed that it is not a case where witness turned hostile at the stage of cross examination - S.154 of the Act clearly envisages that Court may, in its discretion, permit the person who calls a witness to put any question..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 137-- Cross examination - A witness is always not compellable to answer all the questions in cross examination - Questions in cross examination should be towards facts which are deposed in chief, the credibility of the witness, and the facts to which the witness was not to depose, but, to which the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Examination of expert in rebuttal evidence after closure of evidence - Cross examination of PW3 was allowed after closure of evidence which necessitated examination of expert in rebuttal - Held, plaintiff could exercise his discretion to examine any further witness after taking into consideration..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Examination of eye witnesses - Abduction case - Witnesses now sought to be examined were neither examined during investigation nor their names were mentioned in the list of witnesses at the time of presentation of challan - However, said witnesses had seen the accused abducting the victims - In..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151-- Recall of an order - Rent and eviction - Absence of counsel - Denying opportunity of cross-examination - Ground for rejection of recall application was that unnecessary harassment to witnesses and absence of counsel who was travelling abroad - Right of cross-examination of material evidence on..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Recall of witnesses - Two PWs not cross-examined by accused - No attempts to delay the trial were made on behalf of accused - It is also not a case in which multiple opportunities of cross-examination were allowed to go waste and were not availed of - It is thus, expedient and proper to direct..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Evidence Act, 1872, Section 138-- Cross-examination of PWs - Opportunity granted subject to payment of costs to be deposited within 15 days - Delay in deposit by 9 days - Delay explained in application for extension of time - Order declining extension of time set aside...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 215, 216-- Framing of additional charges - Examination of witnesses - If any charge is added in during the course of trial, it is the duty of Court to summon all witnesses conversant with facts pertaining to additional charge to adduce evidence afresh only on that point - Accused then ought to be given..........

Showing : 11-20 of 93 Results