Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recalling of witnesses - Filing of application u/s 151 CPC for seeking inherent power of the Court cannot be utilized in place of O.18.R.17 CPC - In the present case, witness was cross-examined by counsel for plaintiff on two dates - Cross-examination of such witness after tendering his evidence shows the..........
Protection of Children from Sexual Offences Act, 2012, Section 33(2) -- Cross-examination - Statue does not empower Court to demand a questionnaire from either side in advance before examination of witness...........
Protection of Children from Sexual Offences Act, 2012, Section 33(2) -- Scope - Limited scope of S.33(2) of the Act is to insulate victim against aggressive and offensive cross-examination, Court has to ensure that relevant questions which may be embarrassing to witness are properly and decently conveyed to witness - In case of such questioning, Court has a solemn duty to..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 376, 506 -- Testimonies of child witnesses/victims - Rape of minor girls in Anganwadi center - Victim stated the entire occurrence - She understands the meaning thereof and is categorical about such fact - Veracity of statement of victim no.1 is sought to be impeached in cross-examination part of her..........
Protection of Children from Sexual Offences Act, 2012, Section 10, 12, Indian Penal Code, 1860, Section 354C, Evidence Act, 1872, Section 118 -- Sexual assault - Testimony of child witness/victim/PW1 - PW1 was 10 years old when she was examined - Before examination of PW1, certain questions were put to her and after assessing answers, Court observed that witness was..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape of 12 years old girl by her own father - Testimony of victim/child witness - Child witness deposed against her own biological father - Nothing in cross-examination of child witness to suggest even remotely that she was tortured by someone else to falsely implicate..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Plaintiff seeking recall of PW5 for further examination to prove Ex.A10 - Recall sought when evidence of defendant was complete and matter was listed for arguments - Recall of a witness to fill up a gap is impermissible...........
Evidence Act, 1872, Section 137 -- Cross examination - Opposite party whether a proforma party or necessary party has right to cross examine the witness...........
Evidence Act, 1872, Section 137 -- Cross examination - A party to the proceedings has right to cross examine the witness even when no relief is claimed against him...........
Will -- Suspicious circumstance - One of attesting witness to Will being daughter of testator admitted her signatures on Will as well as of testator - Merely because in cross-examination she stated that Will was handwritten though it was typed Will, would not make Will doubtful once she stated that testator had brought typed Will...........
