Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Affidavit - Cross examination of deponent - Interim relief may be granted on basis of Affidavits - Cross examination at this stage not be allowed - Power to allow cross examination should be used very sparingly...........
Indian Penal Code, 1860, Section 399, 402 -- Preparation for committing dacoity - P.W.2 Head Constable allegedly heard accused conversating about looting of a petrol pump - ASI who accompanied Head Constable not examined - During cross examination Head Constable did not narrate what accused had spoken or discussed - Evidence of Head Constable doubtful - Head Constable was..........
Service -- Disciplinary enquiry - Dismissal from service - Bus conductor collecting excess fare, not issuing tickets inspite of collecting fare, misappropriated money and misbehaved with checking staff - Delinquent neither cross examined checking staff who filed report nor challenged report despite opportunity given - Report proved by checking staff - Tribunal's finding..........
Civil Procedure Code, 1908, Order 19, Rule 1, 2 -- Deponent - Cross examination - Petitioner has to submit very cogent reasons as to why he wants to cross examine the deponent - General type application not mentioning the specific points on which the petitioner wants to cross examine the deponent - Held, application is vague and is rightly rejected by trial Court...........
Service -- Departmental enquiry - Reasonably opportunity of being heard - Procedure to bring on record statement made by a witness during preliminary enquiry or investigation - Held, copy of statement should first be supplied to delinquent and then he should be given an opportunity to cross examine that witness...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second wife - Claim of maintenance - Second wife in previous Criminal Application admitted that she was the second wife - Wife was cross examined in that regard - However, she was not confronted with the previous statement made in the Criminal Application and no opportunity was given to her - More than sufficient..........
Court Fees Act, 1870, Section 13 -- Refund of Court - fees paid on first appeal in land acquisition case - Matter remanded for lack of admissible evidence - Sufficient reasons justifying a substantial trial by way of leading proper evidence under order of remand - Parties entitled to refund of Court - fees affixed on Memorandum of Appeal/Cross - Objections - Civil..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Witness - Recall - Non appearance of petitioner for long time and his defence closed - Proper opportunity given to all the opposite parties who were present to cross-examine witnesses - Rejection of application for recalling witnesses - Not improper...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness for further cross examination - Once witness is cross-examined, he cannot be recalled for further cross-examination on the ground that he was not cross-examined effectively...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Witness - Recall - Certain documents already on record left unexhibited due to lapse on the part of advocate - No prejudice is caused to defendant as he is compensated by costs and has opportunity to cross examine the witness - Order of recall by trial Court - Order upheld...........
