Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Non examination of process server by plaintiff - Adverse inference drawn against plaintiff qua the fact that summons were duly served upon the defendant...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Identification of rings worn by deceased - Naib Tehsildar has stated that at the time of recovery of dead body, she noticed that rings in the hand of deceased - However, neither father nor brother of deceased stated that seized rings belonged to deceased and they had seen the rings in the..........
Criminal Procedure Code, 1973, Section 311 -- Recall of 20 PWs - Statements of 20 PWs shows that they are not present on the spot and they are tale tell witnesses - They have simply heard about the incident from others - Statements of almost all material witnesses have already been recorded and they have been cross-examined by accused - Summoning of these witnesses is not..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of new Commissioner and scrapping of report of Advocate Commissioner - Report of Advocate Commissioner cannot be scrapped on flimsy grounds - Defendants have already filed their objections to the report - Report of Advocate Commissioner by itself will not be a determining factor - It will only be a piece of..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Cross-examination of complainant - Accused has no probable defence for which complainant must be recalled and he must be granted leave to cross-examine complainant - Merely vague statements have been made in application to somehow try and fit the case within scope of S.145(2) of N.I.Act -..........
Protection of Children from Sexual Offences Act, 2012, Section 33 -- Recall of victim for further cross-examination - Questions with regard to husband's name of victim and recording the cell number of victim rightly disallowed as these questions will disclose the identity of victim - Question with respect to earlier complaint and/or case, in cross examination, should not..........
Protection of Children from Sexual Offences Act, 2012, Section 33 -- Recall of victim for further cross-examination - Kidnapping and rape - Accused is permitted to ask questions from victim with respect to earlier complaint/FIR - Closure of right of cross-examination of victim is against statutory right of accused to cross-examine witnesses - Trial Court shall recall the..........
Protection of Children from Sexual Offences Act, 2012, Section 33 -- Recall of victim for further cross-examination - Cross examination as to questions with regard to husband's name of victim and recording the cell number of victim rightly disallowed as these questions will disclose the identity of victim - Question with respect to earlier complaint and/or case, in cross..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Paternity of child - DNA test - Mere refusal by wife that she is not ready to go for DNA test in her cross-examination, would not be sufficient to draw adverse inference against wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Paternity of child - DNA test - Husband ready to go for DNA test but no separate application is filed for DNA test - Adverse inference cannot be drawn against wife merely because she refused to go for DNA test in her cross-examination - Even otherwise, husband failed to show that for period of..........
