Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Plaintiff categorically mentioned in his application U.O.6.R.17 CPC that he got knowledge about incorrectness of khasra number mentioned in the plaint after cross-examination of plaintiff - Order allowing amendment, upheld...........
Protection of Children from Sexual Offences Act, 2012, Section 33(5), Criminal Procedure Code, 1973, Section 311 -- Recall of child witness for cross-examination - Offence u/s 376(3) IPC - Application for recall of child witness rejected on the ground that S.33(5) of POCSO Act provides that repeated attendance of child should be avoided - However, matter was never taken up..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Provision of de novo trial is mandatory for accused summoned u/s 319 Cr.P.C. - It would not be sufficient to only tender the witnesses for cross examination of such a person rather they have to be examined afresh - Earlier proceeding will become ineffective and inoperative because the accused brought u/s..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant in addition to his right to claim set off can also file a counter claim against plaintiff and it will have the effect of cross suit and shall be treated as a plaint and governed by same rule as a plaint...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Report - Objections - There is no provision in law for inviting objections to the report of Local Commissioner - Even, if any such objections are filed by either of parties, same can only be gone into after Local Commissioner has been cross-examined by Court U.O.26.R.10 CPC, that too along with other..........
Indian Penal Code, 1860, Section 328, 354B, 385 -- Offence u/ss 328, 354-B, 385 IPC - Framing of charge - Allegations made by victim against accused are specific and she has assigned role to accused - Veracity of her statement could only be tested during course of her cross-examination - Accused and victim were known to each other prior to incident and thus, whether..........
Civil Procedure Code, 1908, Order 26, Rule 1 -- Local Commissioner to record cross-examination - Respondent is suffering from Lungs Cancer and is unable to appear in Court for her cross-examination - Mere fact that husband of respondent is an advocate, apprehension of petitioner that Local Commissioner may be influenced is wholly misconceived and ill-founded, particularly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Financial capacity of complainant - Accused has the right to demonstrate that complainant did not have the capacity - Accused can do so by examining independent witnesses and producing documents or by pointing to the materials produced by complainant or by cross examination of witnesses..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Offence u/s 366 IPC, Ss.5(I), 6 of POCSO Act and S.9 of Child Marriage Act - PW2, PW7 & PW8 are crucial witnesses - If the witnesses are not cross-examined, evidence stands un-rebutted and it would amount to a case of no defence resulting in grave prejudice to accused - More so, PW2/victim..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Signatures of defendant on pronote established by handwriting expert - Defendant did not state facts pleaded in written statement on oath in trial Court and avoided witness box so he may not be cross-examined - This by itself is enough to reject claim of defendant that his signature was forged on pronote - Suit..........
