Civil Procedure Code, 1908, Order 16, Rule 10 -- Witness - Refusal to accept service of summons - Bailable warrants issued - Witness still not present - Non bailable warrants issued - Report of refusal of non bailable warrants - Court instead of initiating action with regard to the attachment of his property ordered closure of evidence - Impugned order set aside - Trial..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Examination of complainant as a witness is mandatory - Provision of S.145 of the Act relating to evidence on affidavit does not relate to the stage before issuance of process u/s.204 Cr.P.C. - Cognizance taken on the basis of affidavit of complainant set aside...........
Evidence Act, 1872, Section 118 -- Child witness - Competency of - Held, competency of a child witness to give evidence is not considered in relation to his age but basing on his capacity to understand questions and to give rational answers - There is no legal bar to act upon testimony of a child witness...........
Will -- Scribe - Generally a scribe cannot be treated as an attesting witness - However, in the instant case scribe categorically deposed with regard to the execution of the Will - Held, statement of scribe cannot be treated to be that of a merely a scribe as the Will after it was scribed by him was duly executed in his presence...........
Will -- Execution - Proof - Attesting witnesses dead - Will to be proved by examining witnesses who are able to prove the handwriting of executant - Signatures of one attesting witness identified by Sub Registrar who registered the Will - Held, Will is duly proved...........
Evidence Act, 1872, Section 68 -- Registered sale deed - Proof - No attesting witness is required to be examined to prove the execution of the sale deed unless its execution is denied by the person, who had executed the same...........
Prevention of Corruption Act, 1988, Section 7, 20 -- Demand of Rs.10, 000/- as illegal gratification by a public servant - Independent witness not joined though shadow witness supported the prosecution case - No explanation furnished by accused as to how his hands and pocket of his shirt when washed turned into pink - Recovery of tainted currency notes from the pocket not..........
Representation of the Peoples Act, 1951, Section 62(b)(5), 94, Conduct of Election Rules, 1961, Rule 94A -- Secrecy of ballot - Voter cannot be forced by any authority to disclose the name of candidate to whom he has voted - Privilege is conferred on Voter u/s 94 of Act of 1951 to protect him both in Court when he is cited as witness and outside Court, when he may be..........
Indian Penal Code, 1860, Section 304B, 498A, 328 -- Cruelty and dowry death - Proof - Deceased's mother has not indicated in court that there was a demand of dowry - Independent witness does not support demand of dowry, although he is related to informant and was present throughout with mother of deceased - Father of victim girl has attributed demand of dowry, as motive..........
Evidence Act, 1872, Section 154 -- Hostile witness - Witness even if declared hostile that by itself cannot wash out his evidence...........
