Criminal trial -- Presence of witness at the time and place of occurrence - Witness an Advocate and brother of deceased instead of taking the injured brother to a hospital or going to the police station had gone all the way to Court only to write down the complaint - Conduct of witness strange and unnatural - Acquittal upheld...........
Indian Penal Code, 1860, Section 366A -- Kidnapping of two minor girls - No eye witness in the case except victim girls - No evidence on record that both the girls were induced with intent that they may be forced or seduced to have illicit intercourse with any person - They have not raised any objection at any point of time while travelling with accused in Tempo as well as..........
Civil Procedure Code, 1908, Order 16 -- Production of witnesses - U.O.16 of CPC, Court has ample powers to allow the evidence of witness to be recorded, wherever it is necessary for proper adjudication...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Application u/s 311 Cr.P.C. for examination of expert witness to elicit differences in ink on cheque dismissed - As per accused, cheque in question was given as security at time of running STD/PCO by complainant in year 2002-03 but those cheques were filled..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 15, 16, Evidence Act, 1872, Section 137 -- Maintenance - Evidence by way of affidavit - Cross examination of witness - Provisions of Ss.15 & 16 of Family Courts do not render evidence taken on affidavits to be illegal - However, a witness has to be subjected to cross examination and that right has..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 15, 16, Evidence Act, 1872, Section 137 -- Maintenance - Evidence by way of affidavit - Cross examination of witness - In matrimonial disputes each party gives exaggerated accounts and it is duty of Court to extract the truth from falsehood - In matrimonial litigation Family Courts have to take..........
Evidence Act, 1872, Section 114 -- Non appearance of plaintiff in the witness box - Adverse inference can only be drawn if evidence available on file is not sufficient...........
Will -- Execution - Proof - When no attesting witness is found, it must be proved that attestation of one attesting witness is at least in his hand writing and the signatures of the person executing the document is in his hand writing...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 148, 149, 302, 323, 458, 285, 460, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 302, 323, 458, 285, 460 IPC and Ss.25, 27 Arms Act - Name of petitioner is not mentioned in FIR but he has been implicated on basis of disclosure statement made by co-accused - Single witness has not been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 2 kg charas - Search and seizure - Non-joining of independent witness - As per eye witnesses account, there were public witnesses but none of them was ready to be a witness of said recovery - Names of persons who were not ready to be a independent witness not recorded by raiding party, which..........
