Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Expert did not raise any objection about quality of standard signature for use to compare with disputed signature - It is hyper technical to say that it is unnecessary to call for documents with signatures of petitioner for the purpose of comparison or seek opinion of an expert - Court does..........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant for further examination - Complainant was examined before report of CFSL (Central Forensic Sciences Laboratory) came - At the time of initial deposition there was no occasion for complainant to bring relevant facts before Court which arose after CFSL expert was examined - Moreover, if opportunity is given..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of maintenance awarded to wife is around 20% of income estimated by Court below is based on facts - No interference warranted in it - Court below rightly directed that amount paid by husband towards interim maintenance will be liable to be set off from the arrears of maintenance - However, keeping..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 411 -- Examination of accused - Offence u/s 411 IPC - None of material circumstances forming basis of conviction of accused `M' were put to him - Not even a single question regarding stolen articles was posed to him - Instead, irrelevant and abstract questions about main incident of robbery were..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Defendant had given an undertaking to furnish security - However, he has not furnished security as undertaken by him - Undertaking cannot be treated on par with furnishing security - Trial Court thus, was justified in passing an order of attachment - However, one more opportunity is given to..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW3 for cross-examination - Cross examination of material witness/PW3 was closed by trial Court without providing any further opportunity to petitioner - Right of cross-examination is a valuable right in order to prove petitioner's innocence, therefore, it will be just and appropriate to grant one opportunity to..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge u/s 307 IPC - Accused did not have any intention to kill victim, rather they only wanted to cause simple and grievous injuries to victim, despite having weapons and opportunity to inflict more injuries - There are no reasonable grounds to presume that accused should be charged for the offence u/s 307 IPC -..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for injunction - Condition precedent for invoking provision of O.21.R.32 CPC is that Court should give a specific finding that J.D. had an opportunity to comply with the decree and despite such opportunity, he wilfully disobeyed the same...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of Cheque - Trial Court acquitted accused after closure of examination-in-chief of complainant two opportunities were given and complainant has not tendered himself for cross-examination - Complaint remanded back with giving one more opportunity with cost of Rs.5,000/-..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - Allegation that A-1 demanded and accepted Rs.1500 as bribe and he shared Rs.500 with A-2 - PW1 and PW2 are direct witnesses for receipt of money by A-1 - Testimony of both these witnesses are corroborating each other and there is no contradiction - Opportunity..........
