Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Re-examination of complainant - Complainant had been cross-examined at length and petitioner had been afforded sufficient opportunities to lead his evidence - Petitioner had failed to establish as to how re-examination of complainant was going to the root of..........
Evidence Act, 1872, Section 106 -- Burden of proof - Last seen theory - Murder - If prosecution proves by leading reliable evidence that accused was last seen with deceased, burden would be shifted on accused to explain said incriminating evidence either in his statement u/s 313 Cr.P.C. or by leading evidence in his defence or even by bringing out facts during course of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration that agreement to sell was cancelled - Plaintiff by way of amendment sought the plea of hardship and wanted to incorporate that property was only residential house of plaintiff in which he was residing along with his family - Dismissing the application would mean that valuable..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the time of finding the merit whatsoever in the application u/s 319 Cr.P.C, more than prima facie case is to be established from the evidence led before Court which is not necessarily to be tested on the anvil of cross-examination...........
Evidence Act, 1872, Section 138, Criminal Procedure Code, 1973, Section 161 -- Cross examination - Confronting witness with his statement recorded u/s 161 Cr.P.C. - Confronted portion reproduced in brackets - Such marked portion must be proved through I.O. - Unless such marked portion is duly proved, it cannot be reproduced in the deposition of witnesses...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Interrogatories that are not related to matters in issue will be deemed irrelevant, even if such matters might be admissible on oral cross-examination of a witness - Court will not grant leave to deliver such interrogatories...........
Indian Penal Code, 1860, Section 394, 397, 460 -- Offence u/ss 394, 397, 460 IPC - Testimony of eye witnesses - Occurrence took place in night and PW1 and PW3, real brother and father respectively, being immediate family members are natural eyewitnesses of occurrence - PW2 who is a neighbour and has reached the spot with torch upon hearing noise of hue and cry raised by..........
Evidence Act, 1872, Section 3 -- Evidence - Testimony of a witness cannot be read into evidence till the opposite party is granted an opportunity to cross-examine him...........
Indian Penal Code, 1860, Section 294, 357 -- Offence u/ss 294, 357 IPC - Two investigating Officers conducted the investigation - One I.O. has not come forward for his cross-examination and consequently part of investigation conducted by him and evidence collected by him remains unproved - Deposition of second I.O. was not signed and endorsed by jurisdictional Court,..........
Indian Penal Code, 1860, Section 392, 397, 411, Arms Act, 1959, Section 25 -- Offence u/ss 392, 397, 411 IPC and S.25 of Arms Act - Police got information about presence of accused persons at the bus depot from PW1 as per prosecution - However, where that information was given by PW1 to police, there is discrepancy in the testimony of witnesses who were part of team that..........
