Indian Penal Code, 1860, Section 302, 34, 324, Explosive Substances Act, 1908, Section 3, 4 -- Murder and Voluntarily causing hurt by dangerous weapons - Accused hatched criminal conspiracy and committed murder of deceased by firing gun shot and blasting bomb - Informant, eye witness, resident of other village but acquainted accused during incident proving his presence by..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of scientific expert for cross examination - In the application u/s 311 Cr.P.C. party seeking attendance of new witness needs to plead with accuracy and precision why expert witness must be summoned - Failure to plead necessary ingredients for invoking power u/s 311 Cr.P.C. - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of scientific expert for cross examination - Merely because it is pleaded that "in the interest of justice" and "for lawful adjudication of matter" scientific expert should be summoned, it is not obligatory on the part of Court to summon said witness unless it is established with accuracy and precision that new..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Accused had never entered into any agreement with complainant nor did he issue any cheques in favour of complainant - Even, DW2 in his cross-examination has stated that for running business of accused there is no necessity of tipper or dogger - Moreover, service of demand..........
Civil Procedure Code, 1908, Order 19, Rule 1, 2 -- Affidavit - Cross-examination of deponent - Two contradictory stands in two affidavits - Order allowing cross examination of deponent, upheld...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Demarcation report - Objections raised by plaintiff - Opportunity to lead evidence in support of objections not granted - Plaintiff's prayer to summon Local Commissioner for cross examination with respect to his demarcation report not acceded - Order confirming demarcation report without summoning Local Commissioner to face..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Re-examination of a witness - During cross examination of witness a request was made to re-examine the witness but trial Court observed that the same shall be allowed only if an application qua the same is moved - Impugned order allowing re-examination of witness calls for no interference as reasons given in the application..........
Evidence Act, 1872, Section 137 -- Cross examination - Witness not cross examined inspite of grant of adjournments for ten time and also grant of last opportunity and that too at one time cost was also imposed - Witness not cross examined even when High Court allowed last opportunity to cross examine the witness - Defendant misused the liberty and the grace shown by Court..........
Negotiable Instruments Act, 1881, Section 138, 118, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - Through cross-examination of complainant, accused has establish that complainant had no financial capacity to lend and accused had no necessity to borrow from him - Even , accused has establish that cheque..........
Criminal Procedure Code, 1973, Section 311 -- Recall of I.O for cross-examination - Change of counsel - Application filed at the stage when final arguments had started - Petitioner filed application on specific allegations of conspiracy by putting certain suggestions and to bring his attention to various material in the forms of statements u/s 161 Cr.P.C recorded by main..........
