Evidence Act, 1872, Section 137 -- Opportunity to cross examination plaintiff - Adjournment granted ten times to cross examine plaintiff and thereafter his Advocate pleaded no instructions - Impugned order declining opportunity of defendant to cross-examine plaintiff is proper...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Skelton of deceased was found wrapped in cloth - Though skeleton was sent to Forensic examination but no DNA profiling was made - Evidence regarding identification of dead body of deceased is not conclusive - Prosecution has not explained discrepancies in the investigation of case - Pair of anklet was found and seized..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Determination of age - Documents evidencing date of birth of accused does not inspire confidence - On the basis of physical, dental and radiological examination, approximate age of accused could be fixed between 19 and 23 years - Accused thus, not a juvenile at the time of commission of..........
Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 5m, 6 -- Rape - Prosecution not produced victim for her complete cross examination - Testimony of PWs and doctor being mere corroborative, would not support prosecution case as star witness i.e. victim was not subjected to cross - Accused in his statement u/s 313 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Can only be rebutted when there is probable defence - In the instant case signatures in the cheque not challenged and no evidence to that effect is reflected in the cross examination of complainant - No material produced to show as to how the cheque was in possession of complainant as..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of second Commissioner - Report of Commissioner exhaustively dealt with and he was thoroughly cross-examined - Except pointing out statement in cross-examination of Commissioner, nothing is shown as to how repot of Commissioner is not sufficient to prove the case of plaintiff - Application rightly rejected...........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence of defendant - Defendant was granted reasonable opportunity by trial Court so as to conclude his entire evidence - However, from past two years there were intermittent breaks in hearings before Courts which also contributed towards some delay at the hands of litigants on account of communication gap with..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff is required to prove his financial capacity to pay and absence of cross examination as regards his financial capacity would not lead to its proof...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Long complicated and confusing question was put to accused - Even though accused admitted such question, but in absence of substantive piece of evidence in Court regarding identification of accused, answer given by him cannot held to be sufficient to prove charges - Accused acquitted...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Omission of question regarding incriminating circumstances, which has caused prejudice is not curable...........
