Civil Procedure Code, 1908, Order 16, Rule 1(3) -- Summoning of a witness not named in the list of witnesses - Suit for specific performance - Witness sought for the purpose of certifying the documents relating to proceedings for dishonour of cheque initiated by said witness against defendant - However, documents in this respect already been exhibited and plaintiff has..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - An application u/s 311 Cr.P.C must not be allowed only to fill up lacunas in the case of prosecution, or of defence or to give an unfair advantage to the opposite party...........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Examination of a party after examination of his witnesses - Without permission of Court a party cannot be examined after examination of witness for him - Said permission can be accorded even after examination of such witness, but before examination of the party...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Trial Court while allowing application permitted plaintiff to file an affidavit strictly only in terms of contents of counter claim and same was made subject to payment of cost of Rs.1000 - Power exercised U.O.18.R.17 CPC is a discretionary power given to trial Court and same has been exercised by trial..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Trial Court while allowing application had permitted plaintiff to file an affidavit strictly only in terms of contents of counter claim and same was made subject to payment of cost of Rs.1000 - Power exercised U.O.18.R.17 CPC is a discretionary power given to trial Court and same has been exercised by..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - An application u/s 311 Cr.P.C must not be allowed only to fill up lacunas in the case of prosecution, or of defence or to give an unfair advantage to opposite party...........
Will -- Proof - When attesting witness, who himself was a medical practitioner, has been examined, there is no need for propounder of Will to file medical fitness certificate of testator on record...........
Will -- Suspicious circumstance - Difference in signatures of testator on Will and partition deed - Signatures on Will was done in the presence of attesting witness and Sub-Registrar - Even otherwise, since there is a significant difference of time in signing partition deed and Will deed and by passage of time signature of a person changes, signatures on Will, cannot be..........
Indian Penal Code, 1860, Section 304A, 279, 332, Evidence Act, 1872, Section 9 -- Rash and negligent driving - Non-conducting of Test Identification Parade - Multiple passengers were travelling in the canter being driven by accused - They suffered injuries in the accident and three persons lost their lives - Injured witnesses had ample opportunities to see accused during..........
Will -- Suspicious circumstances - Execution of Will in favour of five sons to the exclusion of sixth son - Marginal witness to the Will had deposed that all the five sons/plaintiffs were present at the time of execution of Will but sixth son/defendant was not present - However, PW3 has deposed that Will was found while cleaning the house after 5-6 months after the death..........
