Criminal Procedure Code, 1973, Section 243 -- Defence evidence - Summoning of school record - Deceased in her dying declaration stated that she had passed High School examination from school - Plea of accused that deceased was an uneducated lady and that she had not studied in any school - Held, dismissal of application on the ground that dying declaration was recorded by..........
Criminal Procedure Code, 1973, Section 254(2), 243(2) -- Complainant - Examination as witness of accused - As of right, the accused in a case cannot get the complainant examined as his witness...........
Criminal Procedure Code, 1973, Section 243 -- Defence evidence - Closed by order after giving one opportunity - Held, accused is entitled to one more opportunity to produce one witness in defence...........
Criminal Procedure Code, 1973, Section 243(2) -- Complainant - Cannot be resummoned for cross-examination at the instance of accused - 'Any witness' does not include the complainant...........
Criminal Procedure Code, 1973, Section 243(2) -- Defence witnesses - Summoning - Cannot be refused on the ground that application is not filed prior to entering of the defence evidence and that undertaking to pay expenses of the defence witnesses has not been given...........
Criminal Procedure Code, 1973, Section 243 -- Defence witnesses - Number of witnesses - Accused cannot claim to examine any number of witnesses in defence - Court has power to disallow defence witnesses if it feels list submitted by accused is intended only to delay proceedings...........
Criminal Procedure Code, 1973, Section 243 -- Defence witnesses - Number of witnesses - If Court feels that list of witnesses is intended only to delay proceedings, Court is well within its power to disallow even whole of it - Accused cannot claim to examine any number of witnesses in defence...........
Criminal Procedure Code, 1973, Section 243(1) -- (as amended by S.22 of Prevention of Corruption Act, 1988) - Prevention of Corruption Act, 1988, S.5(1) - Defence evidence - Appellant submitted a list of 267 witnesses for defence - Trial Court not allowed him to examine all persons mentioned in list and directed him to limit number to minimum necessary - High Court as per..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 243 -- Dishonour of cheque - It is not necessary for the accused to file a petition before the Court for sending the disputed cheque for comparison by an expert - It is sufficient if the accused stated it in the statement u/s 313 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 243(2) -- Dishonour of cheque -Genuineness disputed - Accused at the stage of defence evidence seeking to send the same to handwriting expert for his opinion - Held, the document can be sent to the handwriting expert for his opinion...........
