Criminal Procedure Code, 1973, Section 353, 386 -- Cross cases - Two appeals arose out of same incident and in fact resulted in cross sessions cases - Held, both appeals should be heard together...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque drawn in the name of 'Indusind Bank Limited A/c Credential Finance Limited or Bearer' - Held, if Banker's name is shown in the Payee's column before the account holders name and it is crossed specially in conformity with S.124 of the Act, then it can be treated as cross cheque specially authorising the bank to collect..........
Evidence Act, 1872, Section 137, 138 -- Examination-in-chief of defendant recorded - Cross-examination deferred - Re-examination (examination-in-chief) sought as certain documents which were not in possession of the defendant could not be produced at the time when his examination-in-chief was being recorded - If defendant wanted to produce/prove certain documents which..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Adultery by wife - Adverse inference to be drawn for non examination of material witnesses to prove adultery - Wife staying with husband and mother-in-law in the same house - Allegation that wife was doing adultery at dead of night - Mother-in-law alleged to have seen the adulterous act being committed in her house but not..........
Criminal Procedure Code, 1973, Section 306(4) -- Examination of approver - Held, a person who is granted pardon need not be examined in presence of accused - Accused has no right to appear and cross-examine him at that stage...........
Criminal Procedure Code, 1973, Section 306(4)(a), 465(2) -- Approver - Examination of - Validity - Contention raised for first time at stage of final arguments that procedure prescribed u/s.306(4)(a) Cr.P.C. was not complied with and, therefore, trial was vitiated - Accused failed to raise plea before or after committal of case to Sessions Court that they were not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35 -- Burden of proof cast on the accused u/s 35 can be discharged by different modes (i) He can rely on the materials available in the prosecution evidence (ii) He can elicit answers from prosecution witnesses through cross-examination to dispel any such doubt (iii) He may also adduce other evidence when he is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 35 -- Contraband - Recovery - Presumption of culpable mental state - Held, when appellant admitted that narcotic drug was recovered from gunny bags stacked in auto-rickshaw, burden of proof is on him to prove that he had no knowledge about fact that those gunny bags contained such substance - Standard of..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - It is the Court and not the party who can recall a witness and to put any question which the Court thinks necessary - Party cannot recall a witness who has already been cross-examined for further cross-examination...........
Criminal Procedure Code, 1973, Section 309 -- Witnesses - Examination - Witnesses must be examined from day to day without giving chance to accused to threaten or win over witnesses - Cross examination of witnesses should not be deferred beyond two or three days, if at all adjournment is inevitable...........
