Evidence Act, 1872, Section 137, 3 -- Examination of witness - Examination-in-chief of witness without his cross-examination is incomplete statement of witness and is no evidence under the Evidence Act...........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 137 -- Dishonour of cheque - Dismissal of application u/ss 145(2) of NI Act and 311 Cr.P.C. - Means obstruction in bringing out evidence on record - Court is duty bound to allow cross-examination of witness whose examination-in-chief has already..........
Will -- Execution - Proof - Attesting witness not able to identify his thumb impression due to old age being 70 years of age - However in examination-in-chief he stated that Will was executed in his presence and testator and other attesting witness signed/thumb marked the Will in his presence and he also thumb marked the Will in the presence of testator - Held, once..........
Evidence Act, 1872, Section 138 -- Cross-examination - Part of chief examination which is not touched upon in the course of cross-examination is taken to be as admitted...........
Constitution of India, 1950, Article 16(4), 16(4A), 16(4B), 145(3), 341, 342 -- Reservation for SC/ST - Further question were raised about application of principle of creamy layer in situations of competing claims with same races, communities, groups or parts thereof of SC/ST notified by President u/Art.341 and 342 of Constitution of India - Reference to Constitution Bench..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 4, 24 -- Allotment of land - Power of Chief Settlement Commissioner - Chief Settlement Commissioner has power not only to re-open case of additional allotment but also to re-examine the matter of original allotment...........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25(1A) -- Attempt to murder - Appeal against acquittal - Acquittal upheld viz: (i) name of accused not mentioned by eye witness/brother of victim to Chief Medical Superintendent, despite knowing the accused; (ii) weapon of offence/pistol recovered from pocket of accused next day is improbable; (iii) weapon of..........
Sikh Gurudwaras Act, 1925, Section 87(b), 88 -- Election - Gurdwara Committee - In the instant case, petitioner sought direction for election of committee of Sikh Gurdwaras so that persons holding posts as members since 2006 may not continue for indefinite period - However, elections were not held as Chief Commissioner Gurdwara not appointed by Ministry Home Affairs..........
Constitution of India, 1950, Article 14, 15, 25, 32, 51A(e), Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, Rule 3(b), Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965, Section 4 -- Reference to Larger Bench - Issue is right to entry of female devotees between age group of 10 to 50 at the Lord Ayappa Temple at Sabarimala..........
Evidence Act, 1872, Section 137 -- Examination-in-chief - Leading questions - Answers given to the leading questions put in examination-in-chief are liable to be discarded...........
