Civil Procedure Code, 1908, Order 26, Rule 10-A, Evidence Act, 1872, Section 45, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Local Commissioner - Second visit - Local Commissioner appointed who submitted his report - As there was subsequent deterioration of premises Local Commissioner again allowed to reinspect the premises for filing..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Once the holder of the cheque received the cheque of the nature mentioned in S.138 of the Act, the presumption u/s 139 would arise that it is for the discharge, in whole or in part or any debt or other liability - But, such a presumption is rebuttable and the accused can..........
Indian Penal Code, 1860, Section 498A, 302, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Circumstantial evidence - PW's categorically admitted that deceased never personally informed him about the alleged harassment by the respondent - PW has also admitted in his cross examination that accused never demanded any money from him directly or personally - He also..........
Criminal Procedure Code, 1973, Section 231(2), Evidence Act, 1872, Section 137, 138, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Prosecution under NDPS Act - Cross examination of a prosecution witness cannot be deferred till recording of examination-in-chief of other prosecution witnesses - It is both irregular and inconvenient...........
Criminal Procedure Code, 1973, Section 311 -- Court witness - Not a witness of any particular party - Court should give right of cross-examination to the complainant...........
Criminal Procedure Code, 1973, Section 311 -- Witness called by court - Re-examination and cross-examination - Permissibility of - Held, object of S.311 is to bring on record evidence not only from the point of view of accused and prosecution but also from point of view of orderly society - If a witness called by court gives evidence against complainant, he should be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Appeal against acquittal - Defence of accused was that a blank cheque was stolen by husband of complainant when he was serving as a Supervisor in accused company - Fact that husband of complainant was working in company was not seriously disputed - Record indicates that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 40.25 kgs. - Link evidence - Affidavit of MHC with whom case property was deposited - MHC not produced for cross examination - Affidavit without offering an opportunity to the accused to cross examine the deponent thereof, cannot be taken into consideration as legally admissible..........
Link evidence -- Affidavit tendered - Deponent not produced for cross examination - Link evidence is incomplete - Affidavit cannot be taken into consideration as legally admissible evidence...........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Age - School Leaving Certificate and School Register produced to prove age as 14 years at time of commission of offence - Head Master of School also deposed and produced record - High Court holding that normally guardians understate age of their children at time of admission in school - No question put to..........
