Civil Procedure Code, 1908, Order 13, Rule 1(3) -- Cross examination of the witness - Provision of O.13.R.1(3) CPC would apply when witness of the party is being cross examined and not when the party i.e. plaintiff or defendant, as the case may be, is being cross examined. (2014(Suppl.) Civil Court Cases 311 (Rajasthan) followed...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Cross-examination of complainant - S.145(2) of the Act nowhere contemplates that application should be elaborate with details as to on what points accused is to cross-examine complainant - It would be contrary to canons of criminal jurisprudence to deny right to defend and to expect opening of..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of witnesses for further cross-examination - Non briefing of counsel at the time of cross examination of witnesses is not a ground for recalling witnesses for further cross examination...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of witnesses for further cross-examination - Filing of application at belated stage without cogent reasons, which is filed to fill up lacunae - Application rightly dismissed...........
Indian Penal Code, 1860, Section 363, 376, 342, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and rape of 4-1/2 years old girl - Victim has been consistent in all her statements except statement recorded u/s 164 Cr.P.C and had unequivocally stated that accused had inserted his finger in her private parts - She was able to understand the..........
Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504, 506 IPC - Quashing of proceedings - Allegations against accused are of very trivial nature - Cross-complaints filed by parties against each other - No progress made in proceedings since charge sheet was filed against accused in the year 2015 - Continuing the proceedings would be a persecution and..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PWs for cross-examination - Laches on the part of defendants in attending the trial proceedings is on record - However, since the suit is contested unless there is evidence of both sides, dispute cannot be adjudicated on merits - If there are any laches on the part of parties, an endeavor can be made to dispose of..........
Civil Procedure Code, 1908, Section 151 -- Giving up witness after tendering his affidavit of examination-in-chief - Merely because affidavit is tendered in evidence does not mean that witness has to be cross examined - Plaintiff is dominus litis - Defendant cannot insist that plaintiff should examine such a witness - Order allowing giving up witness, upheld...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Merits of evidence has to be appreciated only during trial by cross-examination of witnesses and scrutiny of Court and not at the stage of summoning of additional accused u/s 319 Cr.P.C...........
Partition suit -- Plaintiff in plaint mentioned that partition never took place but during cross-examination he admitted that they were residing separately and he had tenant in his portion - He also admitted the fact that he had taken separate electricity and water connection in the year 1981 and they were cooking food separately from 1977 - Defendant had raised..........
