Evidence Act, 1872, Section 73 -- Comparison of signatures - Provision of S.73 of Evidence Act is not applicable when defendant admitted his signatures and has not even stepped into witness box to support his assertion...........
Criminal Procedure Code, 1973, Section 164 -- Statement of witness recorded u/s 164 Cr.P.C. - Not a substantive evidence but can only be used for corroboration...........
Evidence Act, 1872, Section 154, 3 -- Hostile witness - Evidence of hostile witness cannot be discarded merely because he is declared hostile - However, fact that witness has resiled from his earlier statement made in course of investigation puts Court on guard and caution against acceptance of such evidence without satisfactory corroboration...........
Evidence Act, 1872, Section 134 -- Number of witness - It is not the number of witnesses that counts, it is the quality of witnesses that rather counts...........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligent driving - Fatal accident - Eye witness of incident stated that accident took place due to rash and negligent driving of accused resulting in death of his brother on the spot - Testimony of eye witness is corroborated by medical evidence - Impact of accident was so intense that vehicle rotated and turned..........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligent driving - Fatal accident - Testimony of eye witness - Presence of eye witness on the spot is doubted by defence - Minor discrepancy as to disclosure of time of start of journey of deceased as well as eye witness, would not put dent into prosecution case, when testimony of eye witness is recorded after..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Witness cannot be recalled merely on the ground that he has not been declared hostile and has not been confronted with the statement recorded u/s 161 Cr.P.C...........
Family Courts Act, 1984, Section 7, 8, 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 19, 23(2), Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Recording of evidence through video conferencing - Once settlement fails and if both parties give consent that witness can be examined in Video Conferencing that can be allowed - (Majority View..........
Evidence Act, 1872, Section 114 -- Plaintiff himself not appearing as his own witness - Plaintiff appearing through attorney - No prejudice shown to be caused to defendant - Nothing to show that any material question put to attorney not answered - Adverse inference can only be drawn if attorney is unable to answer the question put forth to him...........
Indian Penal Code, 1860, Section 302, 201, 34, Arms Act, 1959, Section 25 -- Murder - Eye witness/PW10 to the incident though stated that he saw accused assaulting deceased but said statement of PW10 not find place in his diary statement - Not even a whisper is there in his diary statement that incident took place in his presence - Improvement resorted to by PW10 and..........
