Civil Procedure Code, 1908, Order 9, Rule 7 -- Exparte order - Setting aside - Court has power to set aside exparte order and to impose costs and put the applicant on terms - Costs to be imposed should be reasonable so as to compensate the plaintiff for the loss of time and inconvenience - Court can direct the defendant to file written statement within an appointed time or..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Eye witness real sister of deceased - No reason to discard her evidence found to be wholly reliable - Evidence of P.W.2 corroborated by medical evidence - P.W.1 seeing accused with gun - Deviation in cross examination that gun was lying there not material - No evidence that death occurred accidentally - Case..........
Civil Procedure Code, 1908, Order 13, Rule 2 -- Documents - Late production - Application for late production of documents filed after 15 years of settlement of issues - Documents in power and possession and knowledge of applicant - Documents neither relied upon nor produced at appropriate stage - Production sought on pretext of clarification of points crept in during..........
Criminal Procedure Code, 1973, Section 311, 399 -- Recall of witness for further cross examination - Witness cross examined comprehensively - Useless to recall witness for further cross examination - Application for recall not entertainable...........
Evidence Act, 1872, Section 137 -- Cross examination of defendant by co-defendant - Permissible only to the extent of clash of interest of the co-defendant - If at later stage Court finds that defendants were colluding, the same would be appreciated by the Court at the appropriate stage...........
Indian Penal Code, 1860, Section 302, 307, 34 -- Delayed FIR - Occurrence took place at 5.30. P.M. - Statement given by PW9 to the police at 7.30 P.M. and FIR recorded at 10.30 P.M. - Special report reached Magistrate on the next day at 1.35 P.M. at a distance of 25km - Held that there is marked delay in lodging of the FIR as delayed special report put the Court at caution..........
Evidence Act, 1872, Section 3, 114 -- Defendant appeared as a witness - As his defence was struck off as such his statement discontinued and closed - Plaintiff had no opportunity to cross examine the defendant - Incomplete evidence cannot be treated as evidence and no adverse inference can be drawn due to absence of cross-examination...........
Evidence Act, 1872, Section 118 -- Power of attorney holder - There is no embargo for a power of attorney holder to appear as a witness - Power of attorney holder whether has personal knowledge about the controversy or not is a question which can be thrashed out by cross-examining him and only if it is found that power of attorney holder had no personal knowledge about the..........
Evidence Act, 1872, Section 145, Criminal Procedure Code, 1973, Section 161, 162 -- Cross examination of witness with previous statement - There is no prohibition imposed by S.145 for contradicting the witness from his previous statement recorded otherwise than during investigation under S.162 Cr.P.C...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Appeal by one defendant - Another defendant can file cross objections...........
