Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Cross objections have all trappings of a regular appeal and therefore must be considered in full by Court adjudicating upon the same...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Where decree given by Court of first instance, is partly in favour of respondent, but is also partly against respondent, two remedies within O.41.R.22 CPC remain with respondent, which are: (i) To file their cross objections and, (ii) To support the decree in whole - However, a third remedy in law also..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife has made specific assertion of cruelty against husband - Despite cross-examination of PW1, nothing was elicited by husband and husband has failed to adduce evidence, which clearly establishes that allegations are true and same are not controverted by husband by adducing proper..........
Evidence Act, 1872, Section 137, 138 -- Cross-examination - If a witness is not cross-examined, statement of witness has to be taken to be admitted. 2016(2) Apex Court Judgments 372 (S.C.) : 2016(2) Civil Court Cases 646 (S.C.) followed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband not filed an objection to divorce petition and has not cross-examined wife - Testimony of wife remained unchallenged - Wife thus, established her plea of cruelty and she is entitled to a decree of dissolution of marriage - Divorce granted to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Wife has given the evidence with regard to photographs taken at the time of their marriage and her evidence in this regard was not at all shaken during cross-examination - Birth certificate of child shows husband as father of the child - Even, husband refused to go for DNA test to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant was an illiterate lady and accused was an educated person - PW1 spoken about lending of money and presentation of cheque - Duty is thus, cast upon accused to establish how his personal cheque went to the hands of complainant - No explanation is forthcoming from accused - Neither accused..........
Evidence Act, 1872, Section 138 -- Cross-examination - Examination-in-chief of a witness cannot be taken into consideration to fasten any liability, unless opposite party is afforded a reasonable opportunity to cross-examine said witness as regards information tendered by him in his examination-in-chief...........
Evidence Act, 1872, Section 138 -- Cross-examination - Rape case - Incomplete statement of prosecutrix and complainant in the absence of their cross-examination is unworthy of credence - However, it assumes significance in view of discrepant statement made by prosecutrix and complainant in their chief examination...........
Indian Penal Code, 1860, Section 376, 511, 201 -- Rape - Neither prosecutrix nor complainant could be cross-examined - Incomplete statements of prosecutrix and complainant in the absence of their cross-examination could not be treated as legal evidence nor could be relied upon to fasten any criminal liability upon accused - Accused rightly acquitted...........
