Evidence Act, 1872, Section 137, 138 -- Re-examination - Re-examination shall be directed to explain matters referred in cross-examination...........
Evidence Act, 1872, Section 137, 138 -- Re-examination - Re-examination of any witness is a right of party as well as right of Court to be done at the end of cross-examination...........
Evidence Act, 1872, Section 137, 138 -- Re-examination - No permission of Court is required if it only relates to explanation of the matters referred in cross examination - However, permission of Court is required if new fact or issue (must be relevant) is required to be introduced...........
Evidence Act, 1872, Section 137, 138 -- Re-examination - Permission of Court is required if new matter is required to be introduced to elicit the truth in the matter or explain any new issue properly and adverse party may further cross examine on that matter...........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Unsoundness of mind - Medical examination of spouse - Matrimonial Court possesses sufficient power to direct medical examination in case decree for divorce u/s 13(1)(iii) of the Act is sought - However, such an order can be passed upon Court satisfying itself as to existence of ground on basis of evidence tendered..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Unsoundness of mind - Medical examination of spouse - Petitioner shall prima facie establish by leading evidence that there is material to hold that medical examination of spouse is necessary to determine whether he/she suffers from requisite degree of unsoundness of mind or whether same is incurable...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Scope of inquiry at the stage of S.11 of the Act is extremely limited and only pertains to an examination about prima facie existence of an arbitration agreement - Judicial non-interference in arbitration process is sacrosanct principle which guides alternative dispute resolution and Courts..........
Criminal Procedure Code, 1973, Section 311 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.348) - Recall of material witness for cross-examination - PW9 is stated to be an eye witness of occurrence - Denial of an effective opportunity to cross-examine a prime witness, particularly an eyewitness would amount to a palpable infraction of right to fair trial and would strike..........
Indian Penal Code, 1860, Section 376 -- Rape - Non-examination of mother of prosecutrix and one `G' - When the evidence and material witnesses have clearly proved involvement of accused in commission of crime, accused cannot derive any benefit for non examination of mother of prosecutrix and one `G' who had also arrived at the place of occurrence...........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix specifically named appellant who raped her as a result she suffered profuse bleeding and injuries - She was subjected to lengthy cross-examination by defence, but her testimony has gone unimpeached and witness candidly stood by her stand, accusing appellant being involved in commission of crime against her -..........
