Criminal Procedure Code, 1973, Section 243(2), 294, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Examination of defence witnesses - Rejection of application - Validity - Accused charged with offence under P.C. Act - Accused intended to call Account Assistant, who conducted internal audit of department, then Executive Engineer and PIO, Assistant Engineer..........
Judicial propriety -- If the presiding officer received the orders of transfer after arguments in appeal were heard and matter was reserved for judgment then pronouncement of judgment after receiving orders of transfer cannot be treated as improper and illegal...........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Interference by Court - Held, where police officer has exercised his investigatory powers in breach of statutory provision putting personal liberty and/or property of citizen in jeopardy by illegal and improper use of power or there is abuse of investigatory power and process by police officer or investigation..........
Criminal Trial -- Evidence collected by improper or illegal means - It is admissible if it is relevant and its genuineness stands proved - However, Court may be cautious while scrutinizing such evidence - It may be considered a case of procedural lapse on part of Investigating Officer and it should not be discarded unless appellant satisfies Court that any prejudice has..........
Evidence Act, 1872, Section 118 -- Child witness - To prove adulterous conduct of wife - Grossly improper for citing a child as a witness to state about the conduct of one or the other of the parents - It will cause immense embarrassment for the child to be compelled to depose against the alleged adulterous conduct of her mother - To let in evidence through a minor..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3) -- Plea of juvenility - Rejection of - Validity - Plea of juvenility rejected on ground that as per ossification test age was between eighteen to twenty years - As per admission register and transfer certificate age was..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Murder or culpable homicide not amounting to murder - Appellant alleged to have hit several blows on head of deceased with cement brick in broad daylight - Complainant eye-witness was waiting at place of occurrence along with other commuters when incident took place - Complainant had not met appellant prior to incident -..........
Document obtained by illegal means -- Even if a document is procured by improper or illegal means, there is no bar to its admissibility if it is relevant and its genuineness is proved - If evidence is admissible, it does not matter how it has been obtained...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application for additional evidence must be taken up alongwith appeal - If Court finds that a party has a good reason to produce additional evidence, Court has two options: (i) to allow additional evidence to be brought and if it refers to any document, consider the same if it did not..........
Delhi Rent Control Act, 1958, Section 25B -- Eviction - Residential requirement - Leave to defend - Eviction petition filed on ground that accommodation available with petitioner/landlady not sufficient to meet her residential requirement - Husband of petitioner retired from CRPF in April, 2005 - Family consists of petitioner, her husband, two sons and, daughter in law and..........
