Criminal Procedure Code, 1973, Section 164 -- Statement of victim u/s 164 Cr.P.C - Rape case - Statement of victim recorded u/s 164 Cr.P.C as substantive evidence in chief - This is absolutely in contravention of scope of evidentiary value of a statement u/s 164 Cr.P.C and against principles of examination, cross-examination and re-examination of witness under Evidence Act..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Plaintiff is not required to prove his capacity to make said payment at the time of execution of pronote and receipt and any deposition made by him qua same in his cross-examination is of no consequence...........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte order - Setting aside - Eviction suit - Summons were duly served to tenant - Tenant had been appearing in proceedings since the year 2017 - But since Nov 2018 till June 2019, tenant did not come for further progress of case and opted to remain absent from dates fixed..........
Hindu Marriage Act, 1955, Section 11, 12(1)(c) -- Annulment of marriage - Forcible marriage - Petition by wife - Mere failure of husband to further cross-examine wife or to lead his own evidence could not have automatically draw a presumption that husband obtained wife's consent for marriage under influence of a spiked cold drink...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs1 and PW11 - Corruption case - Witnesses sought to be recalled by prosecution were required to mark relevant document which was crucial for decision of case - Delay in filing application occurred due to transfer of Special Public Prosecutor who was conducting case - Accused must have an opportunity to cross-examine..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Neither chief examination nor cross examination of witnesses recorded - Summoning of additional accused only on the basis of putting two questions to the witnesses - Summoning of additional accused only on the basis of oral submission of witnesses - Not permissible - Order is totally based on..........
Evidence Act, 1872, Section 45 -- Handwriting expert - To examine signatures - Application allowed - Handwriting expert submitted report - An objection was raised at the time of examining the expert - For one year defendants remained silent and did not challenge the order allowing application u/s 45 of the Act - No prejudice will be caused to defendant if handwriting..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Wife failed to cross examine husband in respect of specific incidents of cruelty alleged by him - Wife also failed to lead any evidence to substantiate her own allegations against husband - Decree of divorce, upheld...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that he was cheated by wife and her family members by giving her incorrect birth date - However, husband categorically admitted in his cross-examination that prior to marriage there were negotiations as well as internal talks between families - Husband also admitted that he..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness for cross examination - Right to cross examine witness closed as Advocate of defendant was absent - Advocate of defendants senior citizen and due to circumstances beyond his control, he could remain present in Court - Party should not suffer for mistake of advocate - Right of defendant to cross-examination..........
