Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Extension of time - Cross objections if not filed within time then period can be extended but that must be done before the hearing of cross objection...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Not filed within a month from the date fixed by Court for hearing of appeal - Extension of time also not sought - Respondent rather participated in the hearing on cross objections - Thereafter respondent filed application for condonation of delay - Held, application not maintainable as extension of time..........
Civil Procedure Code, 1908, Order 18, Rule 3(4)(2), Civil Procedure Code, 1908, Order 18, Rule 4 -- Witness - Examination - Audio visual link - Witness living abroad - Appearance of witness on audio visual screen in Court is as good as his physical presence in Court - When recording of evidence of witness, through mechanical process is permissible under provision of Code,..........
Evidence Act, 1872, Section 138 -- Cross examination - Need not to be confined to the facts to which the witness testified on his examination in chief...........
Indian Penal Code, 1860, Section 325 -- Right hand fractured due to twisting by accused - Doctor opined that injury might have been caused by blunt object - Prosecution did not elicit that injury would have been caused by twisting - PW2 though claimed to be eye witness stated in cross examination that he saw PW 1 fell down in an unconscious state - Conviction cannot be..........
Criminal Procedure Code, 1973, Section 310 -- Local inspection by Magistrate - Record of memorandum prepared after inspection cannot be used for preparation of the background for appreciating evidence of witnesses - Such preparation is to be made by parties themselves by leading evidence in the form of examination of their own witnesses or cross-examination of witnesses..........
Criminal trial -- Chance witness - As such his evidence disbelieved - Witness was resident of the same village as the accused and deceased - Failure to mention the presence of this witness at the place of occurrence by another witness in his police statement is an irrelevant circumstance for disbelieving the witness - He was a natural witness - Nothing worthwhile could be..........
Evidence Act, 1872, Section 118 -- Testimony of Child Witness - Evidentiary value - Before the testimony of a child witness, who is a competent witness, is acted upon Court should look for corroboration and material particulars in order to ensure that child witness has not deposed under the influence of any body because such like witnesses have the tendency to pick up the..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cross case - Accused released on bail in a counter case - Benefit of bail should not be refused to the accused in the other case...........
Indian Penal Code, 1860, Section 376 -- Rape - Cross examination of prosecutrix disclosing that she was a consenting party and this was not her first sexual intercourse with appellant - FIR lodged late by father of prosecutrix after consultation - Medical evidence not supporting any injury on person of prosecutrix - Truthfulness of the prosecution case found doubtful -..........
