Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Expert did not raise any objection about quality of standard signature for use to compare with disputed signature - It is hyper technical to say that it is unnecessary to call for documents with signatures of petitioner for the purpose of comparison or seek opinion of an expert - Court does..........
Civil Procedure Code, 1908, Order 16, Rule 1(3) -- Summoning of a witness whose name is not mentioned in the list of witnesses - Sufficient cause for omission to mention his name in the list of witnesses has to be shown...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witness - Merely summoning a witness to produce a document does not imply that a decision on the relevancy of document was taken...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 250 gms charas - Independent witness not supported prosecution case - Accused were apprehended at 5.45 PM but I.O stated that photographs were clicked at 6.45 PM - However, in view of photographs it reveals that these photographs were clicked in broad day light where entire background was..........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of Kanungo with revenue record - Entries in jamabandi are per se admissible in evidence - There is no need to put the entries in jamabandi to witness - No explanation as to how revenue record to be put to witness is necessary when same has not been proved while leading evidence in affirmative - Application rightly..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim stated that force was applied by accused while he engaged himself in sexual intercourse that too against her consent - She not only withstood the test of cross examination, defence counsel by way of cross-examination has extended support to prosecution case - Victim of an offence u/s 375 IPC is best witness to prove the..........
Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witness - Proposed evidence would not throw light on the principal issue at dispute as it is only to shake the credibility of witnesses with reference to presence or absence of another person at the time of transaction - Proposed evidence is immaterial and inconsequential to decide the issue - Application..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Recovery memo did not bear the signature of accused - Private person had joined the police party and also signed the recovery memo but he was not made a witness by prosecution for the reason best known to it - More so, FIR no. has been mentioned on the recovery memo which puts a serious dent..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Commencement of trial - Trial commences only when first witness enters the witness box and confirms the contents and signature etc. in its evidence in affidavit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Commencement of trial - No witness has yet been examined - Findings of trial Court that amendment cannot be allowed, as same was filed after commencement of trial not sustainable - Observation of trial Court that pleadings in plaint sufficient to determine the question in controversy is without any basis..........
