Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - A party cannot be allowed to recall witness to fill up any lacuna or omission...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Power vested with Court to invoke provision suo moto is vast - Right of parties to recall the witness is to be recognized only in rare cases...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Recall of witness is permissible only where objective sought to be achieved could not have been accomplished despite exercise of due prudence and vigil...........
Indian Penal Code, 1860, Section 364, 302, 34 -- Kidnapping and murder - Non-examination of natural witnesses and many other neighbours who admittedly came out of their houses to witness the offence, coupled with the fact that projected eye witnesses failed to explain their presence at the place of occurrence, renders the entire version of prosecution improbable and..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - When a report is obtained from a private expert without the intervention of Court, and that too when originals of cheques in question are in the custody of Court, party who obtained such a report cannot insist that Court should issue summons to such a..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 60 -- Murder - Direct evidence - Informant is a direct eye witness to the incidence and cannot be said to be hearsay, for the reason that he had heard the sound of firing - His testimony is corroborated by attending circumstance of appellant being arrested soon after the incidence..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against mother-in-law and father-in-law - Deceased died otherwise than under normal circumstances within seven years of her marriage - Testimonies of PW-1, PW-2 and PW-3 do not indicate that any demand for dowry was made by appellants either before or at the time of marriage of deceased with..........
Indian Penal Code, 1860, Section 302, 324, 148, 149 -- Murder - Testimony of eye witness - PW-1/eye witness embellished her narration of how the attack occurred resulting in a lot of inconsistencies - Contradictions in her story would raise reasonable doubt, as her statement in her deposition that she was attacked after the attack on the deceased was made to buttress her..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Victim was recovered by police from the house of accused as per PW1 and PW2 - However, I.O. stated that victim was recovered near Railway station - No plausible explanation given for inordinate delay either in FIR or in evidence of witnesses - Main witness who is brother of victim was not examined during..........
Evidence Act, 1872, Section 132 -- Proviso - Examination of witness - Qualified privilege u/s 132 proviso of the Act does not grant complete immunity from prosecution to a person who has deposed as a witness (and made statements incriminating himself)...........
