Civil Procedure Code, 1908, Order 16, Rule 21 -- Summoning of opponent as a witness - Not desirable judiciously - However, in case Court comes to conclusion that opponent's evidence is necessary then to summon the opponent as a witness...........
Protection of Children from Sexual Offences Act, 2012, Section 10, 6 -- Aggravated sexual assault - PW1 is eye witness and res-gestae witness - Therefore, evidence of PW1 is sufficient for case of prosecution - PW1 has stated that when she entered the house, she had seen accused laying on victim child - But, at that moment she could not have noticed specifically that..........
Criminal Procedure Code, 1973, Section 284, 285 -- Video conferencing - Recording of evidence - Witnesses are living in USA - Use of video conferencing for recording of evidence is no longer an exception but a recognized and judicially endorsed norm - Mere fact that respondents have alleged mala fide intent on part of petitioners based on pending criminal case and absence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by proprietorship concern - Where no evidence was led to prove that complainant was owner of a proprietorship concern, he cannot be called to be a payee or holder in due course - Complainant thus, not entitled to file complaint u/s 138 of the Act...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents in question are all post suit documents and are all Xerox copies - Reasons accorded for production of additional evidence do not meet the requirements of O.41.R.27 CPC - Application rejected...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 391, 401 -- Offence u/Ss.420, 467, 468, 471, 120-B IPC - Additional evidence at revision stage - Judgment of District Collector - Applicant had filed complaint before District Collector and was aware that judgment had been delivered by District Collector, therefore, applicant..........
Indian Penal Code, 1860, Section 467, 468, 201, 120B, Criminal Procedure Code, 1973, Section 162 -- Offence/Ss. 467, 468, 201, 120-B IPC - Acquittal - Statement of co-accused - Only evidence available against accused is statement made by co-accused before police - However, such statement is inadmissible as per S.162 Cr.P.C, therefore it is impermissible to rely upon..........
Agreement to sell -- Specific performance - Defendant admitted signature found in reply notice but denied signature in agreements to sell as well as on summons - He contends that signatures were forcefully taken but same was not explained by defendant by placing cogent evidence - Moreover, endorsement at the document clearly discloses that even after execution of sale..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband has placed sufficient evidence on record to establish sustained cruel pattern of behaviour on the part of wife, where she has used abusive language and misbehaved with husband - Wife addressed husband as impotent person having stinking body and she always used to utter that she found it shameful..........
Will -- Declaring Will "dubious" at interlocutory stage of deciding application for interim injunction - Trial Court ventured into midst of document, effectively prejudging an issue that ought to be tried in full evidence - This amounts to a jurisdictional error, as Courts dealing with interlocutory reliefs must confine themselves to assessing i.e prima facie case,..........
