Showing : 51-60 of 102 Results

MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption u/s.118 and 139 - Legal and enforceable debt - Petitioner/accused neither issued any reply to statutory notice nor cross-examined complainant - He did not let in oral evidence by way of examining defence witness and did not produce any documents - Held,..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 311-- Additional cross examination of witness - Witness not properly cross examined by Amicus Curiae appointed for accused - Private counsel engaged - Questions to be put very relevant and have material bearing on the merits of the case - Held, order declining request will cause material prejudice to..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 311, Prevention of Corruption Act, 1988, Section 7, 13(1)(d)-- Recalling of witness for cross-examination - Prosecution witness cross-examined at length - Even examination of four defense witnesses also concluded - Recalling of prosecution witness sought on the ground that earlier counsel did not examine him on certain points - Held, this is no ground..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311-- Dishonour of cheque - Recall of witness - Complainant examined and cross-examined - After two years accused moved application u/s 311 of CrPC for further cross examination of the complainant - No explanation assigned why application for re-examination was not filed at the earliest and what are the..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 406, 302-- Transfer of murder case - Witnesses not coming forward to depose due to threats of accused - One eye witness examined who turned hostile and there was ineffective cross examination by Public Prosecutor - Magistrate acted like a mere tape recorder to record whatever was stated by the witness - In..........
GAUHATI HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 137, 138-- Re examination of witnesses - Allegations by complainant wife that during subsistence of marriage of her with the petitioner, petitioner contacted another marriage - Complainant cited three witnesses and later produced one who was not cited in the list of witnesses - Complainant claimed that she..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Punjab Excise Act, 1914, Section 61(1)(a)-- Illicit liquor - Recovery of - Accused acquitted as : (1) Constable who took the sample for chemical analysis not examined and opportunity to cross examine the witness not provided to accused and thus accused certainly prejudiced; (2) IO could not tell in whose custody the liquor remained; (3)..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal trial-- Non examination of some person cited in the charge sheet - Not necessary for prosecution to examine every other witness cited in the charge sheet - Mere non examination of some persons does not corrode the vitality of the prosecution version, particularly when witnesses examined have withstood the..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 139-- Person summoned to produce documents - Not a witness - Cannot be cross examined unless and until he is called as a witness...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Evidence Act, 1872, Section 154-- Witness cross examined and contradicted with the leave of the Court by the party calling him - His evidence is not washed off the record altogether - Part of statement which is creditworthy can be relied upon...........

Showing : 51-60 of 102 Results