Civil Procedure Code, 1908, Order 13, Rule 1(3) -- Cross examination of the witness - Provision of O.13.R.1(3) CPC would apply when witness of the party is being cross examined and not when the party i.e. plaintiff or defendant, as the case may be, is being cross examined. (2014(Suppl.) Civil Court Cases 311 (Rajasthan) followed...........
Criminal Procedure Code, 1973, Section 323 -- Committal of case to Sessions Court - Power u/s 323 Cr.P.C may be invoked even after deposition or examination-in-chief of a witness - Key requirement is that Magistrate must feel that case is one which ought to be tried by Court of Sessions...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 100 gms intoxicant powder - Non-examination of an independent witness is not fatal for prosecution case - However, since neither any effort was made to associate any independent witness nor any explanation is forthcoming for not doing so, it creates a dent in case of prosecution...........
Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 120B -- Cheating - Quashing of FIR - Accused being power of attorney executed sale deed in favour of wife of complainant - Offence of inducement to purchase property as disclosed in the FIR, was allegedly committed by some other co-accused - Patta was issued by and to some other co-accused and accused was not a..........
Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witness - Suit for declaration of title - All material evidence to decide the title of both the parties is very much essential - Serious dispute about tampering of revenue record basing on which defendant sets up title - Record sought to be summoned and evidence of Tehsildar are very much vital - Order..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - Non-joining of independent witness - Place of recovery is a busy road and there are residential and commercial establishments - No explanation is forthcoming as to why independent witnesses were not joined - Failure of I.O to associate an independent witness at the time of..........
Money suit -- Recovery suit for money based on dishonoured cheques - Cheques in question were dishonoured for insufficiency of funds - Notice issued by plaintiff was not replied by defendant - PW2 who was a witness to transaction found to be reliable witness and nothing has been brought to notice of Court to discredit the witness - Trial Court rightly rejected the defence..........
Indian Penal Code, 1860, Section 306, 498A, 34 -- Abetment of suicide - Cruelty - Brother and father of deceased stated that she had not disclosed about any ill treatment being given by accused persons to them but disclosed the same to her mother - Deceased was suffering from epilepsy and after marriage accused providing treatment to her - No evidence on record which..........
Civil Procedure Code, 1908, Section 151 -- Giving up witness after tendering his affidavit of examination-in-chief - Merely because affidavit is tendered in evidence does not mean that witness has to be cross examined - Plaintiff is dominus litis - Defendant cannot insist that plaintiff should examine such a witness - Order allowing giving up witness, upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 8 packets of Microlit tablets, each packet containing 100 tablets - Non-joining of independent witness - Neither any effort was made to associate an independent witness nor any explanation is forthcoming from I.O for not doing so - Failure of I.O to associate an independent witness at the time..........
