Evidence Act, 1872, Section 154 -- Hostile witness - Cross examination of one's own witness - The witness speaking truth against the party who had called him as a witness will not necessarily be hostile witness - It is the discretion of the Court to allow the party who had called him as the witness to put questions which might be put in cross examination - Discretion..........
Civil Procedure Code, 1908, Order 18, Rule 4(2) -- Word `shall' in O.18.R.4(2) CPC has to be construed as `may' - Use of the word 'shall' is mandatory only to the extent that the cross examination of a witness whose affidavit has been taken on record in lieu of the examination in chief has to be taken, but whether it would be taken before the Court or before the..........
Indian Penal Code, 1860, Section 302 -- Murder - Motive - Allegations that accused fired at deceased with gun - Wife of deceased withstood extensive cross examination - She gave long description of the incident and stood by the story of the shot fired by the accused - Time and place of incident and weapon used not controverted by defence - Medical evidence in consonance..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Cross-examination of witness of complainant - Accused availed numerous opportunities for same, but cared not to conclude it - Cross-examination ordered to be closed considering age of case and previous order granting time as final opportunity to accused - Held, it would be prudent to give accused another..........
Evidence Act, 1872, Section 58 -- Fact admitted need not be proved - Factum of residence of landlord on the back side of the premises in dispute, pleaded by landlord and admitted by tenant in written statement and tenant and his witnesses also so admitted in cross examination - There is no need to prove such fact either by ration card or identity card of Election..........
Criminal Procedure Code, 1973, Section 472 -- Release of money - Appellant claimed ownership on the basis of the statement made in the examination-in-Chief - However, when the said witness was cross-examined on behalf of the appellant, suggestion was given to him that the said amount never belonged to this appellant, rather it belongs to him and one Srikant Madhav - Held,..........
Civil Procedure Code, 1908, Section 35B -- Costs - Imposed for not cross examining the witness - If costs are not paid then appropriate course is to close the cross examination of the witness and prohibit the further prosecution of the suit or the defence, as the case may be by the defaulting party...........
Constitution of India, 1950, Article 14, 226 -- Punjab University Patiala Ordinance regarding Prevention, Punishment and Procedure concerning cases of misconduct and use of Unfair Means in or relating to Examination, 1991, Ordinance 13,15,25 and 44 - Examination - Unfair mean - Punishment - Disqualification - Debarring from appearing in examination for three years -..........
Indian Penal Code, 1860, Section 302, 149 -- Conviction u/s 302/149 IPC - Appeal against - Long standing enmity between families of accused and prosecution party - Eye witnesses evidence corroborating each other - Sufficient opportunity given to cross examine PW1 but appellant on one pretext or the other avoided it which shows that appellant never intended to cross examine..........
Rent and Eviction -- Sub letting - Law as to - Legal position summarised : (i) In order to prove mischief of subletting as a ground for eviction under rent control laws, two ingredients have to be established, (one) parting with possession of tenancy or part of it by tenant in favour of a third party with exclusive right of possession and (two) that such parting with..........
