Evidence Act, 1872, Section 3 -- Interested or related witnesses - Merely because witness is an interested or related witness, her deposition cannot be discarded - Deposition of such witness is required to be scrutinized closely...........
Will -- Proof - Attesting witness/DW2 had very close association with testator and he was a frequent visitor to house of testator - Presence of testator and attesting witnesses and signatures affixed on Will by each of them have been stated by DW2 in his deposition - DW2 was examined twenty four years later and It would be puerile to think that witness would have..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3 -- Application to examine LR of deceased plaintiff as a witness - Application dismissed on the ground that petitioner was impleaded as LR at the stage of defendant's evidence and evidence of plaintiff was already closed - However, since valuable rights of petitioner are involved in the case, it would be in the..........
Agreement to sell -- Validity - Plaintiff discharged his burden by examining attesting witness as well as scribe - However, defendant miserably failed to prove his defence - Plaintiff proved execution of agreement to sell...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- (Criminal Procedure Code, 1973, S.311) - Recalling of witness - Discretionary power u/s 348 BNSS cannot be exercised to enable prosecution or accused to fill up lacunae or overcome defects in its own case once exposed during trial...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- (Criminal Procedure Code, 1973, S.311) - Recalling of witness - Recall of a witness at concluding stage, i.e., after cross-examination and even after recording of statement u/s 313 Cr.P.C. would cause prejudice to accused and is opposed to principles of fair trial...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- (Criminal Procedure Code, 1973, S.311) - Recalling of witness - Once witness has already been cross-examined and defence has disclosed its stand based on prosecution's own omissions, permitting recall of witness at this stage, would amount to nullify defence established during trial and may prove prejudicial to..........
Evidence Act, 1872, Section 154 -- Hostile witness - Evidence of a hostile witness would not be totally rejected if spoken in favour of either prosecution or accused - It would rather have to be subjected to closer scrutiny and that portion of evidence which is consistent with case of prosecution or defence may be accepted...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), Indian Penal Code, 1860, Section 354, 323 -- Offence u/s 3(1)(xi) of SC/ST Act and Ss.354, 323 IPC - PW2 brother of victim stated that many people from locality had come and seen the incident - However, none from locality was produced in Court as prosecution witness - Fact that no..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Witness stated in Court that examination-in-chief was not recorded under his instructions nor does he know the contents of his examination-in-chief - Evidentiary value of his statement in cross examination is seriously dented...........
