Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Statement therein beyond pleadings - Cannot be struck out - It is always open to the opposite party to put the same to the witness in his cross examination...........
Criminal Procedure Code, 1973, Section 319, 482 -- Additional accused - Summoning on basis of examination-in-chief - Evidence as used in S.319 Cr.P.C. does not mean the evidence which is tested by cross-examination - Order of trial Court summoning additional accused on the basis of examination-in-chief of a witness cannot be interfered with unless the discretion exercised..........
, Section 512 - - Trial of absconding accused - Re-examination of witnesses - Held, it is not necessary for prosecution to re-examine witnesses, whose evidence has already been recorded and preserved, during trial of absconded accused in a case where witnesses are not dead or have not become incapable of giving evidence or their evidence can be procured without an amount..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Irrelevant matters - Opposite party can point out to Court that irrelevant matters have been averred in the affidavit - Court can either direct the deponent to file a fresh affidavit after eschewing the irrelevant matters or Court itself can eschew the irrelevant matters so that cross..........
Criminal Procedure Code, 1973, Section 311 -- Cross examination of witness - Examination-in-chief recorded - Counsel busy in some other Court - Cross-examination closed - Application for cross examination of such witness moved after three and half months and by that time evidence of other witnesses also recorded - Opportunity granted on payment of costs of Rs.1000/-...........
Civil Procedure Code, 1908, Order 13, Rule 2 -- Production of documents for cross examination of witness - Respondent for first time in his examination in chief stated that compromise was made between parties and both suit were agreed to be withdrawn - To controvert, this averment a letter was sought to be produced by petitioner - Cannot be termed as belated one - letter..........
Evidence Act, 1872, Section 154 -- Cross examination of one's own witness - Effect of statement in examination-in-chief cannot be ignored...........
Evidence Act, 1872, Section 25, Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 15, Terrorists and Disruptive Activities (Prevention) Rules, 1987, Rule 15 -- Confession - Made by accused before Police Officer - Admissible in evidence - Guidelines for recording confession are : (1) The confession should be recorded in a free atmosphere in the same..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Commencement of trial - Amendment sought after filing of affidavit of examination-in-chief of witnesses but before the date for appearance of witnesses - Held, trial cannot be said to have commenced...........
Prevention of Terrorism Act, 2002, Section 32, 52 -- Confession - Peremptory provisions embodied in S.32 of POTA are laid down as under : (a) The police officer shall warn the accused that he is not bound to make the confession and if he does so, it may be used against him; (b) The confession shall be recorded in an atmosphere free from threat or inducement and shall be in..........
