Evidence Act, 1872, Section 137, 138 -- Witness examined - Opportunity to cross examine given but counsel not prepared with the facts of the case - Prayer for adjournment declined - To meet the ends of justice, last opportunity given to cross examine the witnesses...........
Evidence Act, 1872, Section 137, 154 -- Hostile witness - At the stage of cross examination by defence witness declared hostile - Prosecution allowed to cross examine the witness - Accused is entitled to cross-examine the witness to the extent the witness in the cross-examination done by the Public Prosecutor has contradicted himself in relation to the..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Interest - Refusal by trial Court - Granted by first appellate Court in absence of an appeal or cross objections - Held, refusal of interest itself constitutes an independent and separable portion of decree, which requires to be appealed against and without which no relief could have been granted by lower appellate Court -..........
Criminal trial -- Stock witness - Recovery of opium - Eye witness to recovery was a stock witness who had been cited as a witness in ten other cases u/s 15 of NDPS Act - These cases relating to the year 1995 (1 case), 1997(1 case) and 1998 (8 cases) - This witness not examined at trial and given up having been won over - Character of this witness cannot be impeached unless..........
Indian Penal Code, 1860, Section 302, 302, 34 -- Accused opened fire and deceased died on spot - All the four accused fled away - PW3 and PW6, Inspector and Sub Inspector of Police on hearing sound of firing chased accused and apprehended two of them with firearm - PWs 12 & 13 claimed to be eye witnesses - Evidence of eye witnesses consistent and corroborative and nothing..........
Criminal Procedure Code, 1973, Section 154, 156, 162 -- Cross case - FIR lodged against accused - If accused has different version of same incident he can lodge counter complaint - If police refuse to register counter complaint, it is open to Magistrate to direct Police to register complaint and investigate...........
Explosives Act, 1884, Section 9B (i) (b) -- Witness - Conviction on the basis of testimony of Investigating Officer - No independent witness - Investigating Officer was found to be trustful inspite of incisive cross-examination nothing came out to discredit his evidence - Court justified to record conviction on his evidence alone...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objection is to be only on those grounds which could have been available by way of an appeal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 52 -- Poppy husk - Case property exhibited in Court but not produced before Illaqa Magistrate - Inconsequential - Moreover there is no cross examination in this regard...........
Criminal trial -- Arduous and lengthy cross examination of a witness - Contradictions - When a witness is subjected to lengthy arduous cross examination over a lengthy period of time there is always a possibility of the witnesses committing mistakes which can be termed a as omissions, improvements and contradictions therefore those infirmities will have to be appreciated..........
