Matrimonial dispute -- Speedy disposal of cases relating to marriage and family affairs within a time frame - Guidelines issued for strict observance by all Family Courts in Delhi, till such time rules are formulated by State Government in consultation with High Court of Delhi Viz. (A) Issue of Summons: When a suit has been duly instituted, a summons may be issued to..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Merits of evidence has to be appreciated only during trial by cross-examination of witnesses and scrutiny of Court and not at the stage of summoning of additional accused u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the stage of summoning an accused there has to be a prima facie satisfaction of Court - Detail examination of witness and other witnesses is a subject matter of trial which has to begin afresh...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 70 kg Ganja - Non-examination of independent witness - Severe inconsistencies in testimony of official witnesses regarding presence of seizure witnesses and preparation of seizure list - No independent witnesses were called to the spot but they were later called to sign the seizure..........
Partition suit -- Plaintiff in plaint mentioned that partition never took place but during cross-examination he admitted that they were residing separately and he had tenant in his portion - He also admitted the fact that he had taken separate electricity and water connection in the year 1981 and they were cooking food separately from 1977 - Defendant had raised..........
Evidence Act, 1872, Section 137 -- Cross examination - Absence of cross examination of an averment of fact made by the opposite party the same will be deemed to be an acceptance...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Recording of evidence - Non-furnishing of copies of documents accompanying affidavits - Obligation as per statue is to serve copies of affidavit which has been filed as chief examination and so far as documents are concerned, there is no requirement in law to serve copies...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW3 for cross-examination - Cross examination of material witness/PW3 was closed by trial Court without providing any further opportunity to petitioner - Right of cross-examination is a valuable right in order to prove petitioner's innocence, therefore, it will be just and appropriate to grant one opportunity to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Once complainant has brought forward his case by giving his affidavit about the issuance of cheque, dishonour of cheque, issuance of demand notice etc., he can be cross-examined only if accused makes an application to Court as to, on what point he wants to cross examine the witness(es) and then only..........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - An accused who considers that he has a tenable defence and the case against him was not maintainable, he can enter his plea on the very first day of his appearance and file an affidavit in his defence evidence and if he is so advised, he can also file an application for recalling any of the..........
