Evidence Act, 1872, Section 120 -- A spouse is a competent witness in a proceeding involving other spouse - However, a non-party spouse cannot institute proceedings in substitution of party spouse...........
Evidence Act, 1872, Section 45 -- Handwriting and fingerprint expert - Petitioner was granted numerous opportunities including last and final opportunities, but failed to conclude his evidence - Consequently, his evidence was closed by Court and said order was never challenged by petitioner before any Court - Same amounts to waiver of right - Therefore, subsequent..........
Civil Procedure Code, 1908, Order 26, Rule 1, Evidence Act, 1872, Section 50 -- Suit for partition - Issue is whether the relationship between the deceased `D' and the plaintiffs' mother can be presumed to be a valid marital union, in the absence of formal documentary proof - The defendants, except for denying the marriage between the deceased `D' and the plaintiffs'..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Application only mentions that evidence of PWs 1 to 5 is completed but some relevant and necessary questions are left over to be asked - Indubitably this is a vague application which nowhere mentions as to what significant questions are left over to be asked in cross-examination of said witnesses who are..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Before undertaking the exercise of considering whether a party is entitled to lead additional evidence U.O.41.R.27 CPC, it would be first necessary to examine pleadings of such party to gather if case sought to be set up is pleaded so as to support additional evidence that is proposed..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application for leading additional evidence has been considered by Appellate Court without examining the aspect as to whether additional evidence proposed to be led was in consonance with pleadings of defendant and whether such case had been set up by him coupled with the fact that..........
Evidence Act, 1872, Section 45 -- Expert opinion - Opinion of an expert including a medical board, is not binding on Court, but is merely advisory in nature - While expert opinions are relevant and may assist Court but Court retains responsibility of framing its independent judgment based on evidence available on record...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Merely attributing delay to unforeseen circumstances without any supporting details or evidence to substantiate these claims, does not meet legal threshold for condonation...........
Will -- Proof of - Will was duly produced and proved through PW3, one of attesting witnesses - While in cross-examination he was unable to recall name of other attesting witness and was confronted with unfounded suggestions of monetary inducement, however, these lapses do not in themselves, shake the core of his testimony or legal validity of execution - Document bears..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Determination of age of victim - When there is documentary evidence available on record, medical opinion with regard to age of victim becomes irrelevant...........
