Will -- Execution - Affidavit of examination-in-chief - Sole attesting witness examined in Court admitted that his chief affidavit i.e. examination-in-chief was not recorded under his instructions nor does he know the contents of his examination-in-chief, evidentiary value of his statement in cross-examination is seriously dented - Such evidence does not inspire..........
Evidence Act, 1872, Section 137, 138 -- Cross-examination - If a witness is not cross-examined, statement of witness has to be taken to be admitted. 2016(2) Apex Court Judgments 372 (S.C.) : 2016(2) Civil Court Cases 646 (S.C.) followed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Date, month or year of advancing loan not pleaded - In cross examination complainant stated that amount was given in 2002 but complaint was filed in the year 2012 as such there was difference of ten years - No written document with regard to lending money - Amount admitted to be given in the..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - I.O admitted in her cross-examination that none of witnesses examined during investigation stated that husband and wife were present together in house on the fateful night - Prosecution failed to lead convincing evidence to even prima facie show that accused had any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Accused admitted that cheque was drawn by him and same came to be dishonoured when presented for its realisation by complainant had also issued a notice to accused demanding cheque amount - Said evidence of PW1 could not be shaken by accused though he has cross examined PW1 and led evidence..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has taken different stands as to payment of balance amount as he states that he had withdrawn the amount from bank but no evidence is produced and also states that he had taken loan from a commission agent but not examined as a witness - Plaintiff in his suit claims that defendant did not..........
Evidence Act, 1872, Section 118 -- Injured child witness - Admitted suggestion in cross examination that he was tutored - Not a reason to discard his evidence - Child witness examined in Court after some time of occurrence and who is not conversant with Court proceedings, has to be necessarily apprised about Court's proceedings and that he has to speak about occurrence -..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - To prove valid execution of Will in question - Will set up by plaintiff is a registered Will, execution whereof is admitted by defendant - Court below, thus, ought to have permitted plaintiff to lead additional evidence to prove valid execution of Will in the interest of justice - Moreover, no prejudice is..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3, 32 -- Murder of wife by husband by pouring kerosene oil - 100% burn injuries - Dying declaration - Appreciation of evidence - Evidence of PWs.2 & 6 is wrongly relied on by trial Court as their admission itself shows that statement of deceased was recorded by police - Even, PW6 has specifically admitted in..........
Indian Penal Code, 1860, Section 363, 364A, 109 -- Kidnapping for ransom - Accused while working in the house of PW1 as a servant kidnapped minor son of PW1 - He left the letter regarding kidnapping in which demand of ransom was made - Accused accepting three letters of kidnapping in his evidence and identifying the signatures before Magistrate - However, in his statement..........
