Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Offence u/s 21 of the Act - Conviction - The prosecution's case cannot be doubted because the witnesses did not depose anything about the recovery in their examination-in-chief - The prosecution cannot be doubted because the case property was not re-sealed - The substance was found to be heroin and a..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Contributory negligence - Driver of offending vehicle was declared negligent to the extent of 50% by High Court - However, taking into account the examination-in-chief of driver of offending vehicle, it is impossible to come to a conclusion that deceased in any manner contributed to negligence - Finding of..........
Protection of Children from Sexual Offences Act, 2012, Section 33 -- Cross-examination of victim - Closure of - Victim do not intend to answer the question put to her during cross-examination despite repeated warnings - Further proceeding with cross-examination does not seem to be possible for conduct of victim - It was for Trial Court to have averred evidentiary value of..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 20 -- Interim maintenance - Assessment of Income of wife - Wife has not been granted any interim maintenance and wife has not even challenged these orders for seeking any maintenance for herself - Detailed examination of wife's income would serve no useful purpose...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry - Apart from statements of complainant and her father, there is no evidence to substantiate allegations of harassment and acts of cruelty - Were allegations of harassment, physical assault and miscarriage are made and there were no medical examination conduced by..........
Evidence Act, 1872, Section 17, 137 -- A fact admitted in cross examination - No further and other proof thereof is required...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - There must exist tangible and cogent reasons for summoning a witness again for re-examination or cross-examination - Applicant is required to demonstrate necessity of recalling witness to ensure a fair trial - Recall of a witness is not to be permitted as a matter of course rather discretion conferred upon..........
Criminal Procedure Code, 1973, Section 311 -- Recall of child victim - PW1/victim was examined before Trial Court and was thereafter extensively cross-examined by defence - Despite this accused filed an application u/s 311 Cr.P.C. seeking recall and re-examination of PW1 - However, accused has failed to specify any concrete basis or factual grounds justifying necessity for..........
Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of Insanity - Conviction - Medical report on record show accused normal - However, the medical examination of accused was only conducted during the pendency of appeal i.e. after 5 years from the incident - Further, the prosecution witnesses testified that accused mental condition was unstable both before and after..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Right to put questions to witness recalled U.O.18.R.17 CPC is given only to Court and even cross-examination is not ordinarily permitted on the answers given to such questions, without leave of Court...........
