Showing : 51-60 of 108 Results

RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint - Dismissal in default - Validity - Examination-in-chief of DW1 was yet to be completed - Case was not fixed for cross-examination of DW1 - Held, Magistrate could easily record examination-in-chief for which presence of complainant was not necessary - Impugned order..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 151-- Cross suits - Evidence - Separately recorded - Adoption of cross examination in earlier suit - Permissibility of - Held, once the evidence has been recorded separately in two different suits, it is not open to allow petitioner to adopt the cross examination in the earlier suit especially taking in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recalling of witness - Defendant in his written statement nowhere pleaded that his signatures had been taken on blank paper which later on converted into impugned agreement - Agreement purports to bear thumb impression and not signatures of defendant - PW2 in witness box stated about due execution..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Land Acquisition Act, 1894, Section 54-- Land acquisition - Compensation - Market price - Average sale price of transactions far less than the price for which land was sold vide Ex.28 is not a ground for discarding Ex.28 - There is no basis for the assumption that the purchaser of the land must have offered higher price for special..........
KERALA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 311-- Prosecution witness - Re-examination - Legality of - Held, once witness was examined in-chief and cross-examined fully, such witness should not have been recalled and re-examined to deny evidence he had already given before Court, even though that witness had given an inconsistent statement..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 118-- Recovery suit on foot of pronote and receipt executed by defendant - Plaintiff examined one attesting witness and scribe of pronote and their statements could not be impeached in cross-examination - Defendant admitted execution of pronote and receipt in written statement, but alleged that same..........
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..........

Showing : 51-60 of 108 Results