Will -- Execution - Affidavit of examination-in-chief - Sole attesting witness examined in Court admitted that his chief affidavit i.e. examination-in-chief was not recorded under his instructions nor does he know the contents of his examination-in-chief, evidentiary value of his statement in cross-examination is seriously dented - Such evidence does not inspire..........
Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Offence u/Ss.354, 354-A IPC and S.8 POCSO Act - Conviction - Panch witness turning hostile - Where spot of incident is duly proved through testimony of investigating officer, any minor procedural lapse in conduct of spot panchanama does not undermine substantive..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Solitary independent witness not examined by prosecution and given up as having been won over - PW3 stated that independent witness had come to place of recovery at about 7.30 A.M. which is much prior to apprehension of accused, who was allegedly apprehended at about 8.30 A.M - Consent..........
Criminal Procedure Code, 1973, Section 311 -- Given up witness - Witness whose name was already found mentioned in the list of witnesses and was given up, has been sought to be examined - No new witness has been introduced by prosecution - Witness sought is not a private witness who could have been subsequently created and he is going to prove some public document only -..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Provision U.O.18.R.17 CPC cannot be invoked to empower either of parties to further examine or further cross-examine already examined witness - It is only Court which would put questions to witness - As such, core issue is satisfaction of trial Court that witness is required to be recalled to clarify on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Independent witness - Material discrepancies in the statements of PWs with regard to recovery and other material aspects and only one independent witness was joined in the investigation - However, said witness was given up by prosecution being won over by accused - However, independent witness..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Search and seizure - CFSL Form was not prepared at the spot and sample seal impressions were not preserved and were not deposited with MHC of Police Station with case property and not transported to Director CFSL with samples for comparison of seal - Seal was not handed over to independent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Statements of PWs are contradictory on the material points as they differ regarding time of reaching at the spot, duration of time for which they had remained at the spot and when ruqa was sent - They also differ as to whether people were passing from there or not - These discrepancies assume..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 18, Rule 17 -- Amendment of plaint - Recall of a witness - Once plaint schedule is amended, it would be very much essential for plaintiff to re-examine any witness and evidence adduced after re-examination which would assist trial Court in deciding main issue...........
Hindu Marriage Act, 1955, Section 13, 23(1)(a) -- Divorce - Petition by husband - Withdrawal of father of husband as a witness does not by itself amount to suppression of material facts or constitute "wrong" within the meaning of S.23(1)(a) of the Act...........
