Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Evidence of complainant by way of affidavit - Cross examination of deponent - Reasons need to be assigned to seek cross-examination of deponent - It is obligatory for Court to recall complainant or its witnesses, if an application is made in that behalf - Moreover, no prejudice, whatsoever,..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Gun shots injuries - Non-recovery of empties of fired cartridges - Material pieces of evidence like empties were lost, but this vital omission not explained by prosecution - Factum assumes importance particularly, in view of fact that FIR is alleged to have been registered promptly at 9.30 AM of occurrence which..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Material discrepancies between evidence of PW1 and PW3 as to whether there was a scuffle or not is not explained by prosecution, which raises serious doubt in prosecution case - Post mortem report shows four firearm injuries on deceased - PWs 1 and 3 not explained forth firearm injury, nor they have made any mention of..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of an attested copy of rent note - Eviction suit - No averment in eviction petition as to existence of a rent note, nor is there any mention that rent note was in existence - Therefore, without there being a pleading in regard to existence of a document, no secondary evidence can be adduced to prove existence..........
Special Marriage Act, 1954, Section 25(iii) -- Declaration of marriage as a nullity on ground of fraud - Consent of wife for marriage obtained by fraud and coercion - No evidence led by wife that her consent for marriage was obtained by fraud and coercion - As regarding no, consummation of marriage by husband, same is not a ground u/s 25(iii) of the Act - But even..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Not believable that documents were not in the knowledge of petitioner for which not even a reference was made in the written statement - Case at the stage of defendant's evidence - Application rightly rejected...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Arrears of rent - Any dispute qua provisional rent - Can be raised only subsequently as assessment is clearly provisional made before commencement of evidence - No excuse is available to tenant at that stage for not depositing the rent - Failure to deposit same will invite eviction order...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 341, 452, 506 -- Bail - Rape - Nothing suggestive from FIR of any act of rape committed by petitioner and there are only general and vague insinuation bereft if any details - Even, photographs on record are suggestive of a consensual relationship - More so, there is nothing corroborative..........
Evidence Act, 1872, Section 58 -- Admitted fact - Not required to be proved...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- De-exhibiting a document - Insufficiently stamped document - Once a document is admitted in evidence despite suffering on account of deficiency in relation to Stamp Act, it cannot be recalled to its original status - Application rejected...........
