Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Evidence Act, 1872, Section 114(g) -- Illegal gratification - Demand and acceptance - Adverse inference - Reason for demand of bribe is execution of eight works by PW1 - Details of works were available according to PW1 - However, such proof was not produced - Adverse inference has to be drawn against..........
Criminal trial -- Tutored witnesses - Police taught the witnesses to depose in a particular manner - Their evidence have to be discarded - This conduct becomes more serious as other eye witnesses, though available, were withheld - Adverse inference must be drawn against prosecution - Benefit of substantial doubt must be given to appellants - Appellants acquitted...........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Court witness - Defendant not appeared as his own witness - Summoning him as Court witness for cross examination - Plaintiff can request Court to draw adverse inference but is not entitled to compel an opposite party to subject himself for cross examination...........
Evidence Act, 1872, Section 114 -- Adverse inference - Defendant contested the case but failed to enter the witness box or examine any witness and failed to send the document to hand writing expert to say that signature on document is not that of the defendant - An adverse inference has to be drawn against the defendant and the case put by him in the written statement to..........
Adverse possession -- Plaintiff claiming adverse possession is required to prove the same - If plaintiff fails to prove his adverse possession then adverse inference has to be drawn against plaintiff...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 511 -- Forged documents - Handwriting and signatures on alleged forged documents were not compared with standard handwriting and signature of petitioner - More so, in the absence of cross-examination of I.O. to prove the alleged documents completely suffocates the case of prosecution - Drawing an adverse inference..........
Evidence Act, 1872, Section 3 -- Non examination of independent witnesses - Adverse inference not to be drawn when evidence of eye witnesses is of sterling quality - Quality is more important than quantity...........
Evidence Act, 1872, Section 3 -- Eye witnesses - It is not axiomatic that in every case where eye witnesses are withheld from the Court, an adverse inference must be drawn against prosecution - Totality of circumstances must be considered for concluding whether an adverse inference could be drawn...........
Evidence Act, 1872, Section 32 -- Dying declaration recorded by PW10 - In examination-in-chief PW10 has not stated that doctor examined deceased before giving fitness certificate - Said doctor not examined as a witness - An adverse inference will have to be drawn against prosecution for not examining said doctor - Dying declaration discarded...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - After initial appearance husband chose to remain absent - An adverse inference has to be drawn against him since he deliberately chose not to contest the proceedings...........
