Service -- Denial of the opportunity to the petitioner to cross-examine certain persons in the enquiry held against him, is the violation of the principles of natural justice...........
Service -- Enquiry proceedings - Denial of opportunity to cross examine the complainant - Vitiates the entire proceedings and also the ultimate punishment awarded to the delinquent officer (Constitution of India, 1950, Art.14)...........
Agreement to sell -- Proof - Attesting witness related to vendee - Nothing brought out in his cross examination showing his version not to be true - Merely because he is related to vendee his evidence is not liable to be rejected, if it is found otherwise acceptable. (Evidence Act, 1872, S.3)..........
Will -- Execution - Proof - One attesting witness supported case in examination-in-chief but during cross examination he pretended to be hard hearing and was discharged as he not able to make a sensible statement - The condition of the second attesting witness deteriorated on account of old age and the witness not fit to make a statement - Scribe died but his grandson..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Defendant proceeded ex parte - Subsequently joining proceedings - He can only cross examine plaintiff's witnesses and address arguments, but he cannot be permitted to lead evidence in support of his case...........
Civil Procedure Code, 1908, Section 2(9), Order 8, Rule 10 -- Written statement not filed - Judgment to be passed only after recording of plaintiffs evidence - Defendants is entitled to cross examine the plaintiff's witnesses and can address arguments on the basis of plaintiffs case - Defendant is not entitled to lead any evidence of his own...........
Civil Procedure Code, 1908, Section 2(9), Order 8, Rule 10, Evidence Act, 1872, Section 137 -- Written statement not filed - On proof of plaint allegations judgment can only be passed - Defendant's right to cross examine plaintiffs witnesses is limited to the extent of pointing out falsity or weakness of plaintiff's case and the same cannot be converted into presentation..........
Document -- Introducing a document in the cross examination of plaintiff - Plaintiff does not come into the category of such witnesses in the cross examination of whom a document relied upon but not produced earlier can be introduced in evidence. (Civil Procedure Code, O.8 R. 8-A (3) O.13 R.2, O;16. R.21 O.18 R.3-A, Evidence Act, 1872, Ss.118, 120 132, 145 and 155)...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Court by exercising inherent powers can recall a witness at any stage for the purpose of re-cross-examination or re-examination...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner's report-Accuracy - Parties can disprove accuracy of Commissioner's report by leading independent evidence of cross examining commissioner on his report instead of calling for fresh report in the light of objections raised...........
