Criminal Procedure Code, 1973, Section 311 -- Recall of PW19 for further cross-examination - Application filed after a gap of 15 years - However, during cross-examination of I.O by co-accused, accused had gone unrepresented, because of reason beyond his control - Even otherwise, questions put to witness on recall are absolutely material to defence of accused, as otherwise..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 908 days in filing appeal - Defendants have not chosen to cross-examine PW1 and matter was pending for several years - They were set ex parte and application filed for setting aside ex parte decree is also dismissed - Defendants have only intended to drag on..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 205, 251 -- Dishonour of cheque - Accused seeking exemption from personal appearance - Rejection of application on the ground that accused has to undergo examination u/s 251 Cr.P.C. - The object of S.251 Cr.P.C. is only to the extent of apprising accused of particulars of offence and..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - Lack of competence of previous counsel - Not a ground to reopen examination of complainant...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - Change of counsel after discharge of previous counsel - Not permissible as every counsel representing a party can have a different point of view and new questions might crop up, which according to him may be material to the case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Testimony of official witnesses - Prosecution examined six PWs, who were cross-examined at length and had withstood the test of cross-examination - Minor contradictions in testimonies of officials witnesses discarded - Contention of accused that there was no independent..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Application U.O.26.R.9 CPC to conduct an investigation and examination regarding possession of parties to a dispute would not be maintainable, particularly when there is no explanation furnished by plaintiff that he could not have access to any documents required for proving his possession over..........
Electronic Video Linkage Rules for Courts (Kerala), 2021, Rule 8(23) -- Examination of witness through video linkage - CW1 is employed in Dubai, whose presence could not be secured without delay and also without spending travelling and other expenses - Case is pending for the last 11 years - Moreover, examination of witness either through physical mode or through video..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Last seen theory - Mother of deceased/PW25 is the main witness of last seen - She stated that she saw deceased with accused persons standing at the gate of her house - However, PW25 in her cross-examination when confronted with her statement u/s 161 Cr.P.C said that no such statement is..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Challenge as to - Writ petition - Question as to whether sanctioning authority has applied his mind or not is something which cannot be agitated in a writ petition - If petitioner has got a case that sanctioning authority accorded sanction without applying his mind, petitioner can very well..........
