Indian Penal Code, 1860, Section 302, 34 -- Murder - Gun shot - Evidence of eye witness and doctor who examined first same that victim was fired from the back - Doctor who performed post mortem differed and deposing that wound was on chest and exit wound on the back - Accused backing upon inconsistency between ocular evidence and post mortem report - Nothing elicited in..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement not filed inspite of repeated adjournments - Suit proceeded without written statement - Plaintiff examined himself and proved documents - After arguments case adjourned for judgment - On that date defendant applied for recalling the plaintiff for cross-examiantion and another application on 5.3.1998 for..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell and receipt of part sale consideration admitted - Possession in part performance also admitted - Improvements by defendant also in evidence and not denied specifically - Readiness and willingness to perform part of contract averred by defendant - No specific denial of averment - No..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17, 17-A -- CPC - Additional issue of fraud framed - Recall of witnesses examined by the other party for further cross-examination - Except the handwriting expert other witnesses examined by the opponent party allowed to be recalled for further cross examination to substantiate the plea of fraud...........
Civil Procedure Code, 1908, Order 18, Rule 2(4), 3 -- Permission to produce Expert in rebuttal evidence - Parties at issue with regard to validity of Will, very right of testator to execute Will as also execution and writing of Will disputed - No substantial injustice to defendant if Expert is permitted to be examined - Evidence of Expert may not be considered as evidence..........
FIR -- Delay - Occurrence at about 6.30 A.M. - FIR lodged at about 7 A.M. next day - Explanation given was that assailants left the place at about 5 A.M. and atmosphere there was awesome - This part of explanation was not cross examined by the accused - It remained unchallenged and ought to have been believed by High Court as a convincing explanation...........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Commissioner's report - Objections filed and an application also filed seeking permission to cross-examine Commissioner - Court has no option but to examine Commissioner - Report becomes part of evidence only after Commissioner is examined when a party requests for his examination...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness for cross examination - Opportunity to cross examine witness given but petitioner failed to cross examine - Held, petitioner is not entitled to recall the witness for cross examination...........
Motor Vehicles Act, 1939, Section 110A -- Deceased maintaining her old mother and blind brother - Breadwinner of the family - Lucrative earning career ahead - At least Rs.1000 per month to be awarded - Claim petition for Rs.2 lacs - Rs.1, 32, 000 awarded - High Court reduced to Rs.One Lac - Looking into these circumstances substantial amount to be even beyond Rs.1, 32, 000..........
Evidence Act, 1872, Section 137 -- Cross examination - Agreement not incorporated in the written statement - Defendant cannot put any question with regard to the alleged agreement...........
