Evidence Act, 1872, Section 154 -- Cross examination of one's own witness - It is not correct that a party can be allowed to cross examine his own witness only when witness is declared hostile - `Hostile witness' has no statutory origin - Grant of permission to cross examine one's own witness is a matter of discretion of the Court - That discretion is a judicial discretion..........
Evidence Act, 1872, Section 154 -- Cross examination of one's own witness - It is only when the party who summons the witness finds that the witness is not giving a true version that the need for cross-examination would arise...........
Evidence Act, 1872, Section 154 -- Hostile witness - Provision is applicable to civil Courts also - Permission to cross-examine one's own witness not to be granted on the mere asking - If Court is satisfied that the witness is not stating the truth and expresses a hostile attitude only then permission can be granted - Court at the relevant portion of the deposition of the..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B, 4 -- Dowry death - Presumption as to guilt of accused - When death of wife has occurred otherwise than under normal circumstances within seven years of her marriage and that soon before her death she was subjected to cruelty or harassment by the accused in connection with any demand for dowry, Court..........
Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d), Indian Penal Code, 1860, Section 161 -- Corruption - Demand of Rs.200/- to process application for refund of earnest money and security deposit - Rs.150/- recovered from appellant - Defence explanation that amount was received by him not as bribe but to give to another contractor who had completed work of removing..........
Evidence Act, 1872, Section 154 -- Hostile witness - Permission for cross examination of his own witness should not be granted at the mere asking of the party - Courts are under a legal obligation to exercise the discretion in a judicious manner by proper application of mind and keeping in view the attending circumstances...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Further cross-examination - Not specifically mentioned in the application as to in what respect further cross-examination is essential and what are the essential questions which could not be put - Order of recall - Cannot be allowed to be sustained when the application is quite vague...........
Service -- Departmental enquiry - In such enquiry facts have to be proved and the employee must be provided an opportunity to cross examine witnesses and to give his own version or explanation about the evidence on which he is charged and to lead his defence...........
Criminal trial -- Witness - Remarks or strictures - Merely on ground that there were inconsistencies and contradictions during cross-examination of officer who conducted test identification parade disparaging remarks against him are not justified - It would by duty of P.P. to examine such a witness to clear incongruities and further Court could also invoke its power u/s..........
Evidence Act, 1872, Section 137, 17, 114 -- Proof beyond pleading - Non cross examination on that point - Does not amount to admission...........
