Civil Procedure Code, 1908, Order 16, Rule 1 -- Witness - Not named in the witness list - Can only be examined with leave of the Court which can be granted for sufficient cause...........
Civil Procedure Code, 1908, Order 17, Rule 1(2), Civil Procedure Code, 1908, Order 16, Rule 1(3) -- Hearing of suit - Once commenced it must be continued from day to day - Plaintiff was granted two adjournments for examining a witness not named in the witness list before closing his evidence - No error committed by Court in closing his evidence...........
Customs Act, 1962, Section 135, 11, 77 -- Fake currency notes - Recovery when accused entered India from Pakistan - Independent witness given up as won over - Accused convicted on testimony of official witnesses - Their evidence aspired confidence - Corroboration of official witnesses by independent source is required only when deposition of official witnesses does not..........
Limitation Act, 1963, Section 27 -- Adverse possession - Proof - Evidence of defendant shows that house was constructed about 25 years back - As per evidence of plaintiff, house was constructed about 8-9 years back, but yet he deposed that at the time when house was constructed, he objected to its construction - One witness in another case stated that house was constructed..........
Medical negligence -- Biopolar Hip Replacement Right Surgery - The operation was performed properly with due care, using standard materials - If the Prosthetic device had broken, it cannot be attributed to any negligence on the part of the OP, since the life is subject to wear and tear, as well as if the patient was not careful, there is likelihood of breakage - Findings..........
Evidence Act, 1872, Section 145, 3 -- Contradiction in evidence of eye witnesses - Murder case - Witnesses stated in examination-in-chief that they were present at the time of incident - However, in cross examination they stated that they reached at the spot after the incident - Contradiction was not put to witness u/s 145 of the Act - Held, accused cannot take any benefit..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Evidence by way of affidavit - Defective verification - Verification in affidavit not open to challenge if the witness has been subjected to cross examination and there is no material that any prejudice is caused on account of defective verification...........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Except evidence of interested witnesses i.e. parents, no other witness supported prosecution case regarding demand and acceptance of dowry - Even the evidence of interested witnesses not consistent as to whom amount was paid - No betrothal ceremony held thus showing that..........
Industrial Disputes Act, 1947, Section 2(oo), 25F -- Termination - Compensation in lieu of reinstatement - The management - witness has specifically stated that there was no post of water - carrier in existence in the Accounts Training Institute, where the petitioner was working and there is no evidence to the contrary - The Labour Court, thus, could not have passed an..........
Evidence Act, 1872, Section 101103 -- Burden of proof - Failure to discharge - Effect of - None of the defendants stepped into the witness-box to controvert the testimony of plaintiff - Plea that adverse inference is to be drawn against them - Held, when plaintiff failed to discharge initial onus there was hardly any need for defendants to have adduced evidence to rebut..........
