Criminal trial -- Right of accused to rely upon material in support of his defence does not ordinarily arise at the pre-trial or charge stage and such entitlement crystallizes only during stage of defence evidence...........
Evidence Act, 1872, Section 114 -- Adverse inference - Non-appearance of plaintiff in the witness box - Presumption can always be drawn against him that case pleaded by him, is not correct - However, it is a rebuttal presumption - If said presumption is successfully rebutted by other cogent evidence on record, said presumption would not be material and applicable...........
Agreement to sell -- Specific performance - Ready and willing - Application submitted to Sub-Registrar that plaintiff has come prepared with necessary funds - Application with stamp of office of Sub Registrar is duly proved by evidence of PW1 - Mere fact that plaintiff has not proved signatures of Sub-Registrar is not sufficient to belie said document when submission of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Where findings are strictly finding of facts and are not shown to be perverse in any manner and they have not been returned on basis of any inadmissible evidence, it was not open for Second Appellate Court to go into correctness of those findings by reappreciating evidence adduced by parties...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot reappreciate evidence and interfere with finding of facts unless a substantial question of law or a question of law duly formulated is to be decided...........
Evidence Act, 1872, Section 92 -- Oral evidence - Contract or disposition which is required to be in writing and has been reduced to writing, its terms cannot be modified or altered or substituted by oral contract or disposition...........
Indian Penal Code, 1860, Section 376 -- Rape - Non-examination of mother of prosecutrix and one `G' - When the evidence and material witnesses have clearly proved involvement of accused in commission of crime, accused cannot derive any benefit for non examination of mother of prosecutrix and one `G' who had also arrived at the place of occurrence...........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix specifically named appellant who raped her as a result she suffered profuse bleeding and injuries - She was subjected to lengthy cross-examination by defence, but her testimony has gone unimpeached and witness candidly stood by her stand, accusing appellant being involved in commission of crime against her -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When basic ingredients of S.138 of the Act stand duly satisfied and statutory presumption u/s 139 of the Act gets triggered, coming to a conclusion that cheque was not issued for a legally enforceable debt at pre-trial stage itself without granting an opportunity to complainant to..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of two witnesses u/s 311 Cr.P.C. - Despite issuance of bailable as well as arrest warrants, witnesses were not traceable - Criminal trial cannot be permitted to remain pending indefinitely for securing presence of witnesses who remain untraceable despite repeated efforts - Trial Court rightly closed the evidence of..........
