Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Appeal against acquittal - Material contradictions in statements of official witnesses regarding recording of dying declaration - No other public witness was associated at the time of recording of dying declaration and no reasons given for same - No efforts were made by prosecution to produce doctor who gave..........
Civil Procedure Code, 1908, Order 18, Rule 2 -- Examination of witnesses - Denial of - Validity - Prayer for tendering affidavits of witnesses declined - Trial Court granted last opportunity to examine remaining evidence - Defendant No.2 literally tried to exhaust plaintiff by cross-examining her attorney PW1 in parts and on a number of occasions - PWs.5 and 6 tendered..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 42 -- Recovery of contraband - Conviction - Validity - PW1, during his cross examination, stated that incident was neither informed to higher officers by him nor Daroga jee passed on secret information to higher officers - As per statements of PW1 & PW2 and contents of FIR, weighing scale was taken from..........
Indian Penal Code, 1860, Section 302 -- Murder - Non-examination of independent witnesses - Contention that apart from police officials no other independent witness has been examined - PW8 has vividly described occurrence and graphic description has not been, in any manner, dented in spite of roving cross-examination - Despite searching cross-examination none of the..........
Evidence Act, 1872, Section 138 -- Cross examination of co-defendant - Permissible where defendant demonstrates that co-defendant's evidence would adversely affect his interest...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10 -- Eviction - Payment of rent - Willful default - Proof - Defaulted period not disputed by petitioner/tenant - Only defence taken by him is that as per sale agreement he can pay rent in lump sum at the time of execution of sale deed and therefore, default was not willful - But there were three more..........
Delhi Agricultural Cattle Preservation Act, 1994, Section 4, 5 - - Cow meat - Police officers PW20, 25, 26 and 28 have uniformly deposed that cow meat was loaded in offending vehicle - Assertions by said witnesses remained unchallenged - PW26 had specifically stated in cross-examination that there were three heads of slaughtered cows in said truck - Photographs show cow..........
Evidence Act, 1872, Section 138 -- Cross examination of co-defendant - Not permissible when there is common plea in written statement - Common plea when result of impersonation or that it was the result of fraud or deception, then Court can allow cross examination of a defendant by co-defendant...........
Prevention of Corruption Act, 1988, Section 20 -- Illegal gratification - Presumption u/s 20 of the Act is a rebuttable presumption - Presumption can be rebutted not only by leading evidence but also eliciting material facts in the cross-examination...........
Evidence Act, 1872, Section 145, 146, Criminal Procedure Code, 1973, Section 161 -- `Previous statement' - Cannot be extended to include statement made by a witness after filing of charge sheet - Held, statement made by a witness in a television interview after filing of charge sheet cannot be used to confront him at time of cross examination...........
