Showing : 31-40 of 99 Results

RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 293-- Expert opinion - Report of Expert Committee formed by ASI - Expert has to be examined as a witness in court and has to face cross-examination - An expert cannot take the benefit of S.293 Cr.P.C and claim that prosecution was not required to prove the contents of lists/reports...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Evidence Act, 1872, Section 138-- Cross examination - If a witness is not cross-examined in respect of her deposition on a particular fact and is not confronted with a plea to the contrary, the fact so stated by the witness is deemed to have been admitted as correct by the party against whose interest the witness has deposed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of 40 bags - Non examination of independent witness - Explanation of prosecution that he was won over - If that was the case prosecution could have cross examined him - Another material witness DSP, who was called to the spot and recovery was effect in his presence, also not..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 13, Rule 1(1)-- Production of document - Document sought to be produced during cross-examination of plaintiff - Provision contained in O.13.R.1(3) CPC would apply when witness of the party is being cross-examined and not when party i.e. plaintiff or defendant as the case may be is being cross examined - Moreover,..........
DELHI HIGH COURT
Year of decision: 2013
Details
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...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Evidence Act, 1872, Section 137, 138-- Examination-in-chief & cross examination - Defence cannot rely on nor can the court base its finding on a particular fact or issue on which the witness has not made any statement in his examination-in-chief and the defence has not cross examined him on the said aspect of the matter...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302-- Murder - Non-examination of independent witnesses - Contention that apart from police officials no other independent witness has been examined - PW8 has vividly described occurrence and graphic description has not been, in any manner, dented in spite of roving cross-examination - Despite searching..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Will -- Execution - Proof - Attesting witness - Will proved by examining one attesting witness - Attesting witness examined alleged to be not the one who had attested the Will - In cross examination there is no discussion or even a suggestion that attesting witness examined is not the one who had attested..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 18, Rule 2, 4, Evidence Act, 1872, Section 138-- A witness proposed to be examined present in Court when cross examination of other witness was in progress - Trial Court held that evidence of that witness cannot be recorded at all and that affidavit filed by him in lieu of chief-examination be eschewed from consideration - Trial Court has only..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 18, Rule 2, 4, Evidence Act, 1872, Section 138-- Cross examination of a witness when in progress then other witnesses who are proposed to be examined should not be present in Court - If they are present, they would naturally become alert and fill the lacunae, that may be left in the evidence of the person, who is already examined as a witness...........

Showing : 31-40 of 99 Results