Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Solitary independent witness not examined by prosecution and given up as having been won over - PW3 stated that independent witness had come to place of recovery at about 7.30 A.M. which is much prior to apprehension of accused, who was allegedly apprehended at about 8.30 A.M - Consent..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Accused convicted under both the provisions i.e IPC and POCSO Act - However, trial Court has not considered the fact that S.42 of POCSO Act states that offender if found guilty of such offence shall be liable to punishment only under POCSO Act or under..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Provision U.O.18.R.17 CPC cannot be invoked to empower either of parties to further examine or further cross-examine already examined witness - It is only Court which would put questions to witness - As such, core issue is satisfaction of trial Court that witness is required to be recalled to clarify on..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Contributory negligence - PW1 father of deceased along with deceased was engaged in changing of punctured tyre of vehicle when lorry coming in same direction driven by appellant dashed on the car killing deceased instantaneously - Photograph produced before trial Court shows that parking lights were..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff came to know about properties that are now proposed to be included in suit schedule properties only after analyzing admission of defendants - Proposed items of properties, could not have been brought on record prior to commencement of trial, despite due diligence by plaintiff -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 18, Rule 17 -- Amendment of plaint - Recall of a witness - Once plaint schedule is amended, it would be very much essential for plaintiff to re-examine any witness and evidence adduced after re-examination which would assist trial Court in deciding main issue...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration in cheque - Issue as to whether the alterations made in cheque, which is subject matter of complaint, have been made at the instance of petitioner or at the instance of respondent, can be determined only after trial as the same is a question of fact which cannot be gone into..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Trial Court ought to have examined contentions raised in counter affidavit filed on behalf of plaintiffs and proceeded with affording reasonable opportunity to defendants - Order allowing application U.O.9.R.13 CPC set aside - Matter remanded back to trial Court...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Appellate Court set aside the judgment of trial Court and remanded the matter back to Trial Court for fresh adjudication upon suit, without even reversing specific finding recorded in favour of plaintiffs with respect to Will in question being surrounded by suspicious circumstances - Unless said finding recorded by..........
Evidence Act, 1872, Section 102 -- Will - Burden to prove legality and validity of Will was casted upon defendants being the beneficiaries as per issue framed by trial Court - However, no prejudice was caused to defendants on account of an isolated observation made by Trial Court in its judgment and decree that onus to prove legality and validity of Will was upon..........
