Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Loan transaction - Complainant established the fact that cheque was issued by accused and cheque was dishonoured for reason "Funds insufficient" and statutory notice was sent to accused - Accused failed to rebut statutory presumption either by cross-examination of complainant's..........
Evidence Act, 1872, Section 45 -- Expert opinion - Medical witness called in as an expert to assist Court is not a witness of fact and evidence given by medical officer is really of an advisory character given on the basis of symptoms found on examination...........
Indian Penal Code, 1860, Section 304B, 120B -- Dowry death - Deceased committed suicide within seven years of her marriage - Room in which deceased died was locked from inside and door was forced open by villagers - Smell of kerosene oil was emanating from body of deceased - Possibility of an accidental death can safely be ruled out - Motor cycle was demanded by accused..........
Evidence Act, 1872, Section 32 -- Dying declaration - A dying declaration, oral or written, before it could be relied upon, must pass a test of reliability as it is a statement made in absence of accused and there is no opportunity to accused even to put it through fire of cross examination to test its genuinity or veracity - Court has to subject it to close scrutiny -..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - There is nothing improbable in the examination-in-chief (PW1) more particularly considering a very scant & deficient cross-examination - There is nothing palpable or glaring in the evidence of the eyewitnesses - However, the evidence of the discovery of a pistol at the instance of the appellant cannot prove that..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Cross-examination of PWs by pendente lite purchaser - Suit for specific performance - No provision which debars pendente lite purchasers from cross-examining PWs - Pendente lite purchasers stepped into shoes of original defendant who has chosen not to contest the suit - Unless the pendente lite purchasers are given..........
Agreement to sell -- Specific performance - Time essence of contract - Execution of original agreement and extension agreement have been proved by plaintiff by his own evidence and also that of attestor PW2 - Nothing had been culled out from their cross-examination to doubt their evidence - Therefore, parties out of free will, mutually agreed to extend the time and..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert sought to be examined by accused in rebuttal on the plea that ink of signing the cheque and filling remaining particulars of cheque are different - Application dismissed on the ground that accused has admitted signing the cheque as such deposition of..........
Evidence Act, 1872, Section 138 -- Re-examination - Cannot be used to give a chance to witness to undo statement of witness made in cross-examination and fill in the lacunae in evidence...........
Evidence Act, 1872, Section 138 -- Re-examination - In the guise of re-examination, counsel for defendant cannot ask witness to give further explanation to answers given by the witness...........
