Industrial Disputes Act, 1947, Section 10 -- Reference - Rule of evidence - Substantive evidence - Cross-examination - No illegality in non considering the affidavit of petitioner as evidence against the workman when the petitioner did not make himself available for being cross examined by the representative of the workman...........
Prevention of Corruption Act, 1988, Section 7, 11, 13, Evidence Act, 1872, Section 3 -- Evidence - Offence u/ss 7, 11 & 13 PC Act - Plea that PW1 does not stick to his statement made during investigation - Does not totally obliterate his evidence as in criminal prosecution when a witness is cross-examined and contradicted with the leave of Court by the party calling him,..........
Evidence Act, 1872, Section 137 -- No cross-examination of a witness of facts stated by him in his examination - Inference to be drawn is that the statement of the witness was not contested...........
Indian Penal Code, 1860, Section 304B, 498A, 302, 34 -- Additional charge u/s 302/34 framed at the stage of arguments in a trial u/s 304-B and 498-A - Prosecution as well as defence not leading any further evidence - Accused convicted u/s 302 r/w S.34 IPC - Conviction set aside as no opportunity to cross examine witnesses on additional charge was given to accused - Case..........
Criminal Procedure Code, 1973, Section 306 -- Approver - Accused cannot claim right to cross examine approver before Committal Court...........
Punjab Civil Services ( Punishment and Appeal) Rules, 1970 -- Departmental enquiry - Opportunity to delinquent to defend - Delinquent official categorically admitted that he had been served with the charge-sheet and he had submitted the reply - He was given appropriate opportunity to cross-examine the witnesses - He not only brought defence witnesses but also appeared..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Heroin - Recovery of - Compliance of provision of S.55 - No argument raised before trial Court and High Court on this point - Evidence of I.O. about safe custody of the contraband have not been challenged or shaken in the cross-examination - Cannot be accepted that there was non compliance of requirements..........
Civil Procedure Code, 1908, Order 18, Rule 4, 5 -- O.18.R.4 does not make any distinction between appealable and non appealable cases so far as mode of recording evidence is concerned - Such a difference is found only in Rule 5 and 13 of Order 18 - Rules 4 and 5 are required to be harmoniously construed - Both provisions are required to be given effect to, as Rule 5 cannot..........
Criminal trial -- Contradictory evidence in examination-in-chief and cross-examination - No reliance can be placed on evidence of such a witness...........
Criminal Procedure Code, 1973, Section 210(2) -- Cross case - Complaint case and police case in respect of same offence - Magistrate is under an obligation to try both the cases together...........
