Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 137 -- Recall of plaintiff for cross examination - Defendant lacking in vigilance in conducting cross-examination of witnesses - However, default of defendant is not of such grave degree as to warrant action of depriving him of opportunity to cross-examine witnesses of other side - If defendant is denied..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PWs for cross-examination - Sought by defendant who is stated to be the only contesting defendant - Application allowed subject to payment of cost - If the contesting defendant is not permitted to recall witnesses, the same would have adverse bearing on the case of said defendant thereby affecting merit of suit..........
Agreement to sell -- Specific performance - Defendant denied the execution of agreement to sell in his written statement - Scribe in cross examination stated that no money transaction took place before him - In these circumstances, one of the attesting witnesses should have been examined by plaintiff to prove agreement to sell but plaintiff failed to do so - Part of suit..........
Evidence Act, 1872, Section 3 -- Related and interested witness - Related witness cannot be termed as an interested witness per se - When evidence of related witness is clear, cogent and withstood the rigor of cross-examination, it becomes sterling, not requiring further corroboration...........
Evidence Act, 1872, Section 138, 139 -- Examination of witnesses - Direction issued viz. : (i) trial Courts shall endeavor to complete the examination of private witnesses both chief and cross on the same day as far as possible; (ii) trial Courts to take up examination of private witnesses first before proceeding with that of official witnesses...........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim for re-examination - Victim cross-examined at length - Plea that it was because of her ill health that she could not narrate the entire facts - However, nothing on record that victim was not well on that day - Observation of trial Court that application has been deliberately filed due to some kind of compromise..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Accused brutally assaulted victim with iron rods, fists and blows etc. - Victim was admitted to hospital for medical treatment - Evidence adduced by PW1/complainant remains unshaken during cross-examination - Medical evidence corroborates the evidence of PW1 - Prosecution proved its case - Accused rightly..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Accused brutally assaulted deceased suspecting him to be a thief - Evidence of autopsy surgeon shows that deceased died due to injuries sustained by him which were ante mortem and homicidal in nature - No evidence is forthcoming from cross-examination of PWs that accused caused death of deceased..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Accused raised defence during cross examination of complainant, the foundation of which was not laid in the reply to legal notice served after dishonour of cheques - Moreover in this case accused chose not to examine himself - Defence witness not succeeded in rebutting the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 326 -- Bail - Offence u/s 326 IPC - Challan presented - It is a case of version and cross-version - It is yet to be ascertained as to which party was aggressor - Co-accused granted ad-interim bail - Accused has been in custody since 25.6.21 - PWs are yet to be examined - Trial of case would take..........
