Consumer Protection Act, 1986, Section 13 -- Procedure - Principles of natural justice - Order passed by the State Commission without the cross-examination of the witnesses of the complainant by the Counsel of the appellant whose licence to practice was suspended by the Bar Council and the Counsel did not inform the appellant - Case remanded to the State Commission to give..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Demand - Evidence that Rs.10,000/- brought as demanded and that accused assured that his file now will be cleared - This evidence not shaken in cross examination - Held, it clearly establishes that there was a demand...........
Civil Procedure Code, 1908, Section 10 -- Stay of proceedings of subsequently filed suit - Proceeding with hearing of case without revocation of stay order - Validity - Cross suit filed by parties regarding validity of Wills executed by deceased - Later suit by plaintiff trust filed stayed under S.10 - Date fixed for evidence in earlier suit - Advocate plead no instruction..........
Civil Procedure Code, 1908, Order 18, Rule 18 -- Inspection by Court - Inspection note whether substantive piece of evidence - Held, No when expert witness clearly stated about the condition of the demised premises and there was no occasion for the Court to undertake an inspection and secondly expert witness was not subjected to any cross examination which clearly..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, Evidence Act, 1872, Section 3 -- Dishonour of cheque - Preliminary evidence - Statement of a complainant u/s 200 Cr.P.C. is evidence - Any statement which Court permits or requires to be made before it by witnesses, whether such statement be tested by a cross examination or not, will..........
Criminal Procedure Code, 1973, Section 48, 311 -- Further cross examination - Recall of prosecution witness - Reason stated for recall that accused would engage another counsel - Another counsel added and former counsel also continued - For just decision of the case recall of prosecution witness for further cross examination allowed...........
Evidence -- Question put to plaintiff in cross examination as to whether payment was made voluntarily - Held, this amounts to implied admission of the payment made by the plaintiff...........
Indian Penal Code, 1860, Section 354, 377 -- Rape or child sex abuse - Provision of S.327(2) Cr.P.C. shall apply to inquiry or trial of offences u/ss 354 and 377 IPC and (i) a screen or some such arrangements may be made where the victim or witnesses (who may be equally vulnerable like the victim) do not see the body or face of the accused; (ii) the questions put in..........
Criminal Procedure Code, 1973, Section 211, 397, 401 -- Charge - At the stage of framing charge Court has to prima facie consider whether there is sufficient ground for proceeding against the accused - Court is not required to appreciate the evidence and arrive at the conclusion that the materials produced are sufficient or not for convicting the accused - If Court is..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Examinatio, i, chief - Should be in shape of affidavit in every suit whether appealable or not - Right of cross examination - To be allowed in Court (as amended by Amendment Act of 2002)...........
