Showing : 1-10 of 108 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 324, 452, 148, 149, 506-- Summoning of Doctor - To prove Radiological Reports - Doctor conducted radiological examination of injured - However, doctor was not cited in list of PWs by I.O due to oversight and omission could not be noticed by Assistant Public Prosecutor at the time of recording of prosecution evidence - No..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138-- Recall of PW1 - Complaint u/s 138 of N.I Act - Grounds for recalling PW1 not mentioned in the application - Complaint u/s 138 of N.I Act pending since 2010 and witnesses of complainant already been cross-examined in 2017 - Application filed by accused appears to be totally incompetent as necessary..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 45, 138-- Expert - Application for cross-examination of fingerprint expert/witness on the report - Witness was never appointed U.O.26.R.9 CPC, therefore witness cannot be termed to be a Commissioner, otherwise, expert is only a witness and Ss.45, 138 of the Act would apply - Since witness was never examined..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 304(Part I)- - Offence u/s 304(Part I) IPC - Husband allegedly killed his wife by strangulation - Child witness/PW7 is a star witness of prosecution, aged about 8 years at the time of examination in Court - He stated that his father/accused quarreling with his mother sat over her chest and pressed her neck and..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of PW1 for cross-examination - Witness not cross examined despite grant of several opportunities - Conduct of petitioner is such that he is keen on to procrastinate the proceedings - Application rightly dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 118-- Injured child witness - Admitted suggestion in cross examination that he was tutored - Not a reason to discard his evidence - Child witness examined in Court after some time of occurrence and who is not conversant with Court proceedings, has to be necessarily apprised about Court's proceedings and..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 304(Part II), Evidence Act, 1872, Section 3-- Offence u/s 304(Part II) IPC - Interested witnesses - Deceased died homicidal death proved from the evidence of doctor coupled with evidence of inquest witnesses - However, evidence of PW5, son of deceased was well shaken during cross-examination, thus cannot be relied upon - Evidence of PW6,..........
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..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A-- Juvenile - Determination of age - No documents submitted showing entry of age from stage of primary school till examination of High School - It is thus, not appropriate to rely upon statement of clerk of institution in which accused appeared and passed because said institution is aided institution..........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482-- Petition u/s 482 Cr.P.C. - Seeking direction to police to conduct fair and impartial investigation - There is no allegation against I.O. with regard to dereliction from duties - Even, I.O. has not been made party to this petition - Moreover, doctor who has examined the complainant and has given..........

Showing : 1-10 of 108 Results