Showing : 1-10 of 102 Results

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..........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 17, Rule 2, 3-- Closure of plaintiffs evidence - Six effective opportunities for concluding evidence were availed by plaintiff but evidence not concluded - Case was adjourned for evidence of defendant - However, taking into account that plaintiff is to be cross-examined and is to lead evidence through one more..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness for further cross examination - A witness cannot be recalled for further cross examination for elaboration on the points left out in the cross examination, when points on which witness is to be further cross examined are not mentioned...........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - Provision does not limit discretion of Court or creates any barrier in exercising such discretion - However, Court should come to conclusion that allowing of party to examine a witness or cross-examine a witness already examined, should be bonafide and it is based on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Previously Legal Aid counsel was engaged and subsequently accused engaged another counsel - Previous counsel was given due opportunity to cross-examine witness and had duly cross-examined - No finding can be recorded that such legal aid counsel appointed by District Legal..........

Showing : 1-10 of 102 Results