Criminal Procedure Code, 1973, Section 161 -- Statement of witness in Court not finding place in his statement recorded u/s 161 Cr.P.C. - Held, if evidence tendered by witness in the witness box is creditworthy and reliable, that evidence cannot be rejected merely because a particular statement made by witness before Court does not find place in the statement recorded u/s..........
Indian Penal Code, 1860, Section 302, 341, 394, 34 -- Murder & Robbery - Acquittal - PW3 & PW4, eye witnesses did not state in their evidence that they appeared before a magistrate and gave a statements u/s 164 Cr.P.C. - There are contradictions in the statement vis-a-vis their evidence in court, therefore those statements cannot be used as a corroborative piece of..........
Evidence Act, 1872, Section 114 -- Party not appearing in the witness box as his own witness and not offering himself to be cross examined by the other side - A presumption arises that case set up by him is not correct...........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - Evidence of attorney - Attorney, husband of landlady, stepped into witness box to support her case - He had personal knowledge of requirement of landlady - Held, husband is competent to depose on behalf of his wife to prove her need...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 7, 19, Evidence Act, 1872, Section 102 -- Ex parte decree - Setting aside - Valid service of summons - Denial - Burden of proof - It is on the person who affirms that there was a valid service which was refused - Held, it is untenable argument that defendant must put the Court bailiff..........
Evidence Act, 1872, Section 154 -- Hostile witness - A witness cannot be declared hostile merely for the reason that he has given some unfavourable evidence - A witness can be declared hostile when he makes statement contrary to the facts known to him - Other factors to be examined by the court at the time of declaring a witness hostile are to examine his demeanour,..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit - Accused cannot file an affidavit in lieu of chief examination - It is necessary for him to enter the witness box even for chief examination - It is the complainant and the witnesses who could file an affidavit in lieu of chief examination and not the accused...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Dismissal of application u/s 319 Cr.P.C. - Legality - FIR reveals that complainant has specifically stated that respondent No.4 was armed with an iron rod at the time of occurrence and had given a blow with the same on head of his wife - Complainant while appearing in witness box as PW2 has..........
Agreement to sell -- Suit for specific performance - Defendant No.1 who was very material witness to prove version of defendants, did not step into witness box - Held, strong adverse presumption arises against the defendants. (Evidence Act, 1872, S.114)...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 - - Dishonour of cheque - Acquittal - Validity - It is not case of complainant that notice was sent to accused through postal authorities or through courier services - Accused did not enter witness box and denied signature found on copy of notice - Held, in absence of opinion of expert, trial..........
