Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 304B -- Dowry death - Defence witness admitted in cross examination that there was cruelty and harassment inflicted upon the deceased by her husband and in-laws - Held, defence is bound by the statement of the witness, who has been produced by the accused, whatever be its worth - Accused convicted on the basis..........
Suit for specific performance -- Question as to whether Court can direct a plaintiff in a suit for specific performance (or any other suit) to file an undertaking that in the event of not succeeding in the suit, he shall pay Rs.25 lakhs (or any other sum) by way of damages to the defendant - Held, No - The reasons being (i) Every person has a right to approach a Court of..........
Related witnesses -- Evidence of a related witness cannot be discarded particularly when his evidence could not be shaken by the defence in cross examination...........
Suit for specific performance -- Question as to whether Court can direct a plaintiff in a suit for specific performance (or any other suit) to file an undertaking that in the event of not succeeding in the suit, he shall pay Rs.25 lakhs (or any other sum) by way of damages to the defendant - Held, No - The reasons being (i) Every person has a right to approach a Court of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque allegedly - Accused filed application u/s 311 of Criminal Procedure Code, with a prayer to recall complainant for cross-examination since some vital questions not put during cross-examination of complainant to enable him to put forth his defence - In the..........
Negotiable Instruments Act, 1881, Section 138, 142, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Legally enforceable debt and liability - Presumption as to - Rebuttal thereof - Held, as per S.139 of the Act, it is burden of accused to rebut presumption as S.139 of the Act provides that once cheque contains signature of a particular accused, it has to be presumed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - To introduce counter claim - Issues framed and order passed for cross examination of witnesses of plaintiff - Proviso to O.6.R.17 CPC puts an embargo on exercise of power to allow amendment after trial has commenced - Application dismissed...........
Evidence Act, 1872, Section 145, 3 -- Contradiction in evidence of eye witnesses - Murder case - Witnesses stated in examination-in-chief that they were present at the time of incident - However, in cross examination they stated that they reached at the spot after the incident - Contradiction was not put to witness u/s 145 of the Act - Held, accused cannot take any benefit..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Evidence by way of affidavit - Defective verification - Verification in affidavit not open to challenge if the witness has been subjected to cross examination and there is no material that any prejudice is caused on account of defective verification...........
Indian Penal Code, 1860, Section 302, 307, 147, 148 -- Murder - Accused cannot be convicted on the basis of evidence brought forth during trial when there are number of contradictions, discrepancies and change of stand right from the stage of FIR to statement u/s 161 Cr.P.C. and thereafter in examination-in-chief and again shifting stand at the time of cross examination...........
