Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Has to be treated as cross suit, which contains all features of regular plaint - Can be filed after written statement - Must fulfil all conditions - Subject also to condition that such cause of action arises either before or after filing of suit, upper limit of which is filing of written statement...........
Criminal trial -- Link evidence - Recovery of charas - Affidavit of two police officials who took sample to chemical examiner tendered in evidence but these officials not produced for cross examination - Affidavits not put to accused during his statement u/s 313 Cr.P.C. - Report of Chemical Examiner cannot be acted upon as possibility cannot be ruled out that after the..........
Criminal Procedure Code, 1973, Section 246 -- Witnesses examined before framing of charge - Accused has a right to cross examination all the witnesses examined in pre-charge stage and if he wants he can leave some of them - Court is to recall the witnesses on the request of the accused - Court to adopt coercive method in case PWs fail to appear despite service...........
Criminal Procedure Code, 1973, Section 190, 200, Indian Penal Code, 1860, Section 498A, 409, 506 -- Complaint u/s 406, 498A, 506, 34 IPC - Accused summoned - After recording pre-charge evidence accused charge sheeted - After framing of charge accused requested for recall of PWs for further cross examination - On failure of Complainant to produce PWs despite grant of..........
Evidence Act, 1872, Section 138 -- Two set of defendants - Set of defendants opposing to the plaintiff's case most be allowed to cross examine the plaintiff's witnesses after the other set of defendants have cross examined...........
Criminal Procedure Code, 1973, Section 202 -- Complaint - At the stage of inquiry accused has no right to participate and has no right to cross examine any witness examined by prosecution - Accused can remain present only with a view to be informed of what is going on...........
Evidence Act, 1872, Section 33 -- Applicability of the provision - There are three pre-requisites and they are (i) that the earlier proceeding was between the same parties; (ii) that the adverse party in the first proceeding had the right and opportunity to cross examine; and (iii) that the questions in issue in both the proceedings were substantially the same - In the..........
Departmental enquiry -- Principles of natural justice - Challenge to the departmental proceedings on ground that some material document was either not brought on record or if brought on record, it was not validly proved or that right to cross-examine was denied - These cases would fall in the category of cases of `no adequate hearing'...........
Departmental enquiry -- Cross-examination - If a fact is not in dispute, there is no need to test anybody's veracity - No cross-examination is needed - Inferences has to be drawn from the admitted fact - Party has to give explanation - It is for him to bring on record material to justify his explanation and in light thereof, call upon the enquiry officer to draw..........
Evidence Act, 1872, Section 32 -- Dying declaration - Made by a person on the verge of his death has a special sanctity as at that solemn moment a person is most unlikely to make any untrue statement - The shadow of impending death is by itself guarantee of the truth of the statement of the deceased regarding circumstances leading to his death - However, dying declaration..........
