Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Application under O.11 R.1 CPC not to be dismissed on the ground that such questions can be asked to respondent at time of recording evidence or that plaintiff-petitioner has to stand on his own legs and prove his defence instead of putting burden on the shoulders of other party...........
Criminal Procedure Code, 1973, Section 161 -- Delay of 20 days in recording statement of PW4 - No explanation forthcoming justifying delay in recording statement - Delay of 20 days in recording statement of PW4 thus, assumes significance particularly since her version recorded u/s 161 Cr.P.C. is conspicuously absent in FIR - Evidence of PW4 is rendered suspect and must be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Case was fixed for defence evidence - Complainant was duly represented by counsel, but his counsel has also failed to put in appearance for which complainant may not be held liable directly - Rather, absence of complainant,..........
Indian Penal Code, 1860, Section 302 -- Murder - PW1 is son of deceased residing with her and accused - He was a natural witness to speak about occurrence - Evidence of PW1 is cogent and natural and is consistent with prosecution case - Non-disclosure of names of other accused by PW1 in his statement, does not render PW1's evidence untrustworthy, particularly, when PW1..........
Evidence Act, 1872, Section 137 -- Further time to cross examine - Divorce petition - Husband cross examined at length for six days - Plea of wife that she was not afforded enough time to prepare for cross examination of husband is untenable and does not hold water - Wife in order to gain time and retard the process of conclusion of recording of evidence of husband has..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B -- Two dying declarations - Dowry death - Allegation against family members of accused - Nothing stated as to demand of dowry in first dying declaration and admitted that she consumed poison in fit of anger after hearing verbal conversation of accused and her mother-in-law - However, allegations of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500, 501, 502 -- Quashing of proceedings - Defamation - Publication of news item - Content of appellant's compliant disclose facts necessary to establish commission of one or all of the alleged offences - Whether there is sufficient evidence to establish the guilt of accused for alleged offences..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34 -- Dying declaration - Murder - Death by burning - Dying declaration of deceased recorded by Magistrate proceeded by parcha byan - There is clearly a deviation made by deceased in her dying declaration from what she stated in parcha byan - Fitness certificate was given after 15 minutes of recording of..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Articles in question seized much earlier of recording of disclosure statement of accused - Seizure not based on disclosure statement - Such statement is not admissible in evidence...........
Civil Procedure Code, 1908, Order 18, Rule 4, 19 -- Recording of evidence - Plaintiff aged more than 80 years is an illiterate lady, executed a general power of attorney in favour of one person - She wanted to examine said power of attorney holder in support of her case - Defendant opposed said prayer before trial Court, which was upheld by trial Court and affirmed by High..........