Criminal trial -- Amicus Curiae - Counsel for accused refused to appear on behalf of accused - No Advocate was representing accused and evidence was closed without giving opportunity of cross-examination to accused, who was in custody - Conviction set aside - Matter remitted for decision afresh after appointing Amicus Curiae and PW-16 & PW-20 be resummoned for cross..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree can be set aside by Court where defendant satisfies Court that : (a) summons were not duly served upon him; (b) he was prevented by any sufficient cause from appearing before Court when suit was called for hearing...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Due to health issues counsel for defendant could not appear - Merely because counsel representing defendants failed to make some alternative arrangement, defendants cannot be made to suffer for the same as it would not be in the interest of justice - Defendants have shown sufficient cause..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - If an application u/s 319 Cr.P.C is made after cross-examination of witnesses, it will be unjust to ignore the same...........
Will -- Suspicious circumstance - Testatrix was about 80 years old and travelled by bus and walked a little for executing the Will/having it registered - However, said fact itself does not cast any doubt on the execution of Will, since a lady of advanced years in a rural area ought not to be automatically deemed to be so physically unfit as to be unable to undertake the..........
Arms Act, 1959, Section 25 -- Offence u/s 25 of the Act - All PWs were subjected to cross-examination and nothing material could be found, which could shatter their testimonies in any manner - Even pistol was taken out of armour and it was found to be in working order and report of armour was on record - Non-examination of independent witness would not be fatal, as the..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Borrowing of amount by defendant is clearly narrated by PW2/scribe of suit promissory note, in his evidence - Plaintiff issued a legal notice to defendant, but he did not choose to give any reply by denying suit promissory note - Defendant is unable to show any reason or circumstance to disbelieve the..........
Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Rape - Victim is the only eye-witness to the alleged occurrence and she has supported the prosecution case - However, there is no medico legal examination report of victim on record - More so, when the victim was examined by doctors,..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Sole child eye witness aged 13 years at time of deposition - Nothing brought out in cross-examination to disbelieve evidence of child witness and there was also no reason for child witness to depose falsehood against appellant, who is none else than her father - Conviction..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Credibility of minor eye witness testimony - If evidence of solitary eye witness is clear, cogent, trustworthy and above board, same can be acted upon - Evidence given by minor remained same during cross examination and is getting corroboration from other evidence - Conviction..........
