Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross examination - Permission sought when case was fixed for defendant's evidence - Defendant intends to further cross-examine PW1 on procedural aspects fixed by vendor of plaintiffs on various acts at the time of execution of sale deed - Said aspect came to knowledge of defendant on conclusion of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - However, complainant faulted in cross-examination and admitted that accused was not known to her and they had no previous dealing - Defence taken by accused regarding misuse of cheque was substantiated by DW1 - On shifting the onus complainant miserably failed to produce evidence with..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of DW1 for further cross-examination on some material aspects - Plaintiff when intends to further cross examine DW1, he has to explain what are the material aspects on which further cross examination is required...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Expert did not raise any objection about quality of standard signature for use to compare with disputed signature - It is hyper technical to say that it is unnecessary to call for documents with signatures of petitioner for the purpose of comparison or seek opinion of an expert - Court does..........
Evidence Act, 1872, Section 45 -- Expert opinion - Report of an expert can only be let into evidence after expert is cross-examined...........
Indian Penal Code, 1860, Section 376 -- Rape - Nothing has come out from cross-examination of victim to shake her credibility - Therefore, there is no reason to seek corroboration as it would amount to add an insult to injury already suffered by victim - Prosecution case stands proved - Accused rightly convicted...........
Indian Penal Code, 1860, Section 376 -- Rape - Victim stated that force was applied by accused while he engaged himself in sexual intercourse that too against her consent - She not only withstood the test of cross examination, defence counsel by way of cross-examination has extended support to prosecution case - Victim of an offence u/s 375 IPC is best witness to prove the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of misuse of lost cheque - Defence taken by accused was substantiated by his application to bank for lost cheque book and deposition of SMO of bank - Complainant in his complaint pleaded that he borrowed sum of Rs.3 lakhs but in cross-examination he stated that cheque was given in lieu of an..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Sample was sent for chemical examination to FSL after a delay of 9 days - Representative sample is required to be sent to chemical examiner within 72 hours as per Standing Order No.1 of 1988 - Standing orders are mandatory in nature and omission on the part of I.O. with regard to..........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant for further examination - Complainant was examined before report of CFSL (Central Forensic Sciences Laboratory) came - At the time of initial deposition there was no occasion for complainant to bring relevant facts before Court which arose after CFSL expert was examined - Moreover, if opportunity is given..........
