Civil Procedure Code, 1908, Order 11, Rule 5(4), 21 -- Production of document - Non-compliance with order - Striking off the defence can never mean striking off cross examination...........
Indian Penal Code, 1860, Section 376, 323, 506 -- (Bharatiya Nyaya Sanhita, Ss.64, 115, 351), Protection of Children from Sexual Offences Act, 2012, Ss.4, 8, Criminal Procedure Code, 1973, S.311 (Bharatiya Nagarik Suraksha Sanhita, 2023 S. 348) - Offence u/Ss. 376, 323, 506 IPC (Ss.64,115, 351 BNS) and 4, 8 POCSO Act - Recall of prosecutrix for further cross examination -..........
Hindu Marriage Act, 1955, Section 9, 13 -- Petition by wife for restitution of conjugal rights and counter claim of divorce by husband - Petition for restitution of conjugal rights dismissed and counter claim decreed - Husband set out a list of incidents of cruelty meted out to him and his cross examination has not brought out any contradiction or improvement from his..........
Indian Penal Code, 1860, Section 120B, 415, 420, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss. 120-B, 415, 420, 34 IPC - Appeal against quashing of complaint - Allegation of creating forge family tree and partition deed to secure compensation land, excluding complainant and her sisters - As per record, HC relied on the statement of sub registrar that was..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Offence u/Ss. 420, 467, 468, 471, 120-B - Acquittal - Forged agriculturist certificate - Testimony of witnesses - Testimony of prosecution witnesses categorically proved that agriculturist certificate was not attached to sale deeds - Testimony of PW7, PW9 and Sub-Registrar, on whose statement prosecution heavily..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Money financing business - Complainant doing finance business, as finance/chit company was also being run at the same address mentioned by Complainant - Complainant denied said facts - However, detailed cross-examination as to various dates on which amounts were borrowed and..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - There is no need to go into cross examination of witnesses before summoning accused u/s 319 Cr.P.C...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination - Deferment u/s 254(3) cannot be asserted as matter of right - Parties seeking deferral u/s 254(3) BNSS, must provide sufficing reasons to invoke discretion of Court to permit cross-examination of witness to be deferred until any other witness or witnesses,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination - Application for deferring cross examination of a witness or witnesses, on same set of facts, must be made before commencement of cross examination of a particular witness...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination - Application u/s 254(3) BNSS must be filed, as early as possible, but, in any case, before the commencement of cross examination of a witness...........
