Evidence Act, 1872, Section 137, 138 -- Recall of witness for re-examination - Where re-examination of a witness has a bearing on ultimate decision of suit, it is always within discretion of Trial Court to permit recall of such witness for re-examination-in-chief with permission to defendant to cross-examine witness thereafter - No illegality or irregularity in discretion..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - When defendant supports the decree, he need not to file any cross-objection regarding a particular issue held, against him, because when decree is in his favour, he may during course of arguments agitate that finding against him in Court below in respect of any issue which ought to have been in his favour...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of PWs for further cross-examination - Rape case - PWs cross-examined in length and detail - They are thus, duly examined - Compromise was already in effect and in knowledge of accused - Recalling PWs already duly examined is nothing but an effort to delay the entire trial and to fill up lacuna which cannot be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Accused admitted that cheque was drawn by him and same came to be dishonoured when presented for its realisation by complainant had also issued a notice to accused demanding cheque amount - Said evidence of PW1 could not be shaken by accused though he has cross examined PW1 and led evidence..........
Evidence Act, 1872, Section 137 -- Cross examination - Cross examination is mandatory in order to accept statement of a witness given in examination-in-chief - Without cross examination, statement of witness tendered in examination-in-chief carries no weight and cannot be accepted at all...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 8, Evidence Act, 1872, Section 137 -- Petition u/s 23 of Senior Citizen Act - Summary procedure - Cross examination of witnesses - Right of cross examination of a witness cannot be taken away even in summary proceedings when Tribunal/Court decides to summon the witnesses or allows a party to..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 8, Evidence Act, 1872, Section 137 -- Petition u/s 23 of Senior Citizen Act - Summary procedure - Cross examination of witnesses - In the instant case, Tribunal allowed the parties to summon witnesses - Tribunal after recording examination-in-chief of witnesses did not allow their cross..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Appeal against acquittal - Complainant except making a bald assertion regarding his financial capacity to mobilise funds has not produced any other document - Hence, it cannot be presumed that cheque was issued in discharge of legally enforceable debt or liability - As such,..........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - PW1 stated that victim and her husband/PW2, attendants of obscene words in public street was made to humiliate in public place and words so uttered have been spoken to by PW1 - Obscene words spoken by accused in public place stands unchallenged in cross-examination and suggestive case of defence is not..........
Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty upon husband - Husband specifically deposed that right from first date of marriage there has been a sustained course of strange, indifferent and abnormal behavior, humiliating treatment and reprehensible conduct on part of wife and on account of this, he was convinced that it was impossible for him to continue with..........
