Succession Act, 1925, Section 276 -- Will - Probate - Mere omission to identify signatures on probate petition by witness is not sufficient to discard probate petition, when there is no cross-examination of said witness on said aspect...........
Will -- Proof of - Two Wills - CFSL expert opined that signatures of testator and attesting witness on subsequent Will, does not tally with admitted signatures - Evidence of CFSL expert cannot be discarded merely because it has not been put to him in cross-examination as to how admitted signatures were sufficient to opine that Will is not signed by testator and attesting..........
Will -- Probate - Grant of - One of attesting witnesses of Will, PW2 proved that testator had signed and thumb marked the Will in his presence and he also signed the Will as an attesting witness - No evidence led by respondents - There is nil cross-examination of PW2 on record - Petitioner successfully proved due execution and attestation of Will - Probate of Will granted..........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988, Section 181 -- Rash and negligent driving - Collusion of bus and jeep - Injuries caused to passengers of bus - Author of site plan not examined - Prosecution witness in cross examination stating that for exculpating guilt of complainant, `false case' foisted upon accused - Failure of prosecution to..........
Evidence Act, 1872, Section 137 -- Cross examination - main object is to find out the truth and detection of falsehood in human testimony to reach to the right conclusion for just decision of a case - Right of cross examination is a statutory right which vests in a party to the proceedings...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness for cross-examination - Statements of witnesses was recorded in Court but accused is not explaining as to what were compelling circumstances for not having his presence before trial Court - However, looking into the facts and circumstances of case and to avoid serious prejudice going to be caused qua..........
Indian Penal Code, 1860, Section 376(1), Evidence Act, 1872, Section 118 -- Rape of 8 years old minor girl - Testimony of victim/child witness - Victim duly identified accused and narrated entire incident without any infirmity in it - She was subjected to thorough cross-examination but nothing came out which may dent the veracity of her deposition - Medical examination of..........
Evidence Act, 1872, Section 154 -- Hostile witness - Cross-examination of one's own witness - Request to cross examine one's own witness should be made during course of examination of witness and before examination is concluded and not after words - Even one day's delay after conclusion of recording of evidence of the concerned witness is fatal...........
Evidence Act, 1872, Section 154 -- Hostile witness - Applicability of S.154 of the Act to civil cases - S.154 of the Act does not make any distinction between civil and criminal cases - Wide discretion is vested in Court to permit a person who calls a witness to put any question which can be put in cross-examination by adverse party - However, it is required to be..........
Evidence Act, 1872, Section 154 -- Hostile witness - Cross-examination of one's own witness - DW2 turned hostile and deposed against chief examination and colluded with plaintiff - Defendant filed application to declare him hostile after 2 adjournment and 20 days of closure of evidence of DW2 - More so, no details are furnished as to in what context and how DW2 resiled..........
