Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Accused in order to prove his defence and to demonstrate that complainant in a particular case did not have the financial capacity, can produce independent witness on his behalf or can demonstrate the same pointing to any lacuna in the material..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Proof - Friendly loan advanced in the presence of one `S' who is not examined as a witness - It does not appeal to prudence that complainant who was a teacher, drawing a salary of Rs.17,000/- per month would have advanced a friendly loan of Rs.Two lakhs, without any receipt or even..........
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...........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Identification of accused - Eye witness/PW1 identified accused as driver of crime lorry and deposed that he is responsible for the incident - Owner of vehicle/PW3 also deposed that on the date of incident, accused was the driver of lorry and he handed over the vehicle record to police - Nothing was..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Accused drove the lorry in a rash and negligent manner and dashed against deceased who was sitting on a chair in front of her house resulting his death - PW1/eye witness of incident was in the verandha at the time of incident and accident occurred in front of her house - There is no material on record to..........
Criminal Procedure Code, 1973, Section 311 -- Complainant as its own witness - Complainant sought adjournments time and again and she deliberately chose not to get herself examined on some or the other pretext - Accused also has a right to expeditious conclusion of trial - Complainant is merely trying to one way or the other, ensure that criminal case does not meet its end..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c) -- Contraband - Search and seizure - Two independent witnesses who were associated in recovery proceedings were not examined in evidence and no explanation was given by prosecution as to why they were not examined - Prosecution neither examined any witness nor produced any document to satisfy..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - FIR has been lodged after due deliberation and at the instigation of inimical parties in the village - No direct evidence or eye witness of the incident - Chain of incriminating circumstances against accused not complete - Accused was not last seen in the company of deceased..........
Will -- Proof - Will if attested by two or more witnesses - It is not necessary for all the attesting witnesses to prove the execution of Will - Same can be proved by calling only one attesting witness...........
Will -- Attestation - Even if the attesting witness has not seen the testator signing the Will but if he received personal acknowledgement from the testator about his signature on the Will, then it will be sufficient for attesting witness to sign the Will in the presence of testator...........
