Criminal trial -- Appreciation of evidence - Discrepancy in the statement of a witness - Unless the discrepancy in the statement of witness or the entire statement of the witness is such that it erodes the credibility of the witness himself, it may not be appropriate for the Court to completely discard such evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Petitioner contrary to his stand in written statement, proposes to project himself as a tenant of suit shop, denying that he was under contractual obligation to handover vacant possession of suit shop to respondents and deny that he even received a legal notice from respondent to hand over..........
Consumer Protection Act, 1986, Section 12, 13 -- Ex parte order - Amendment of complaint - Counsel put appearance on behalf of the petitioners but failed to file written statement or represent the authority in subsequent hearing and was proceeded ex parte - Complainant had filed an amended complaint and had altered its prayer clause substantially, it would have been..........
Consumer Protection Act, 1986, Section 12, 13 -- Ex parte order - Amendment of complaint - Counsel put appearance on behalf of the petitioners but failed to file written statement or represent the authority in subsequent hearing and was proceeded ex parte - Complainant had filed an amended complaint and had altered its prayer clause substantially, it would have been..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Defence set up by accused that he had no privity of contract with complainant and issue of cheque was only as a security in relation to transaction with another - Fact that cheque was issued to complainant, a freight agent, for transporting goods of accused is practically..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3, 27 -- Murder - Disclosure statement - Recovery of dead body - Dead body of deceased recovered from field of sugarcane at instance of accused - Evidence of police recovering dead body fully corroborated by evidence produced by other witnesses - Plea of accused that sugarcane field being accessible to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Facts sought to be introduced by way of amendment already pleaded - Effort made to delay the proceedings - Application dismissed...........
Criminal Procedure Code, 1973, Section 211 -- Charge - At the stage of framing charge, Court cannot critically analyse the evidence and cannot go into the issue as to the impact of delay in lodging FIR or contradictory statement made by prosecutrix - It is concerned with the issue whether a grave possibility does exist that the offence was committed...........
Criminal Procedure Code, 1973, Section 164 -- Certified copy of statement recorded u/s 164 Cr.P.C. which is part of record cannot be denied...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 53A -as inserted w.e.f. 23.6.2006)- Rape case - Abduction of prosecutrix by 11 persons in a Maruti Van and commission of rape on her by two of them - All the accused acquitted on the following grounds : (i) Prosecutrix knew the name of the accused but failed to record the same in the FIR, she only..........
