Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Non-examination of two material witnesses - Scuffle between deceased and co-accused when they were sitting with accused and two persons - It was co-accused who stabbed deceased - Prosecution ought to examine these two persons who appears to be eye witnesses to incident - They were privy to conversation..........
Indian Penal Code, 1860, Section 307, 323, 387, 452, 427, 34 -- Attempt to murder - Informant alleged that accused threatened him against lodging a report but in his evidence he stated that he went alone immediately afterwards to lodge report - Conduct of informant appears to be unnatural - Informant alleged that accused had hit him with but of a gun, stick and kicks, but..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant in addition to his right to claim set off can also file a counter claim against plaintiff and it will have the effect of cross suit and shall be treated as a plaint and governed by same rule as a plaint...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Report - Objections - There is no provision in law for inviting objections to the report of Local Commissioner - Even, if any such objections are filed by either of parties, same can only be gone into after Local Commissioner has been cross-examined by Court U.O.26.R.10 CPC, that too along with other..........
Indian Penal Code, 1860, Section 328, 354B, 385 -- Offence u/ss 328, 354-B, 385 IPC - Framing of charge - Allegations made by victim against accused are specific and she has assigned role to accused - Veracity of her statement could only be tested during course of her cross-examination - Accused and victim were known to each other prior to incident and thus, whether..........
Civil Procedure Code, 1908, Order 26, Rule 1 -- Local Commissioner to record cross-examination - Respondent is suffering from Lungs Cancer and is unable to appear in Court for her cross-examination - Mere fact that husband of respondent is an advocate, apprehension of petitioner that Local Commissioner may be influenced is wholly misconceived and ill-founded, particularly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Financial capacity of complainant - Accused has the right to demonstrate that complainant did not have the capacity - Accused can do so by examining independent witnesses and producing documents or by pointing to the materials produced by complainant or by cross examination of witnesses..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Offence u/s 366 IPC, Ss.5(I), 6 of POCSO Act and S.9 of Child Marriage Act - PW2, PW7 & PW8 are crucial witnesses - If the witnesses are not cross-examined, evidence stands un-rebutted and it would amount to a case of no defence resulting in grave prejudice to accused - More so, PW2/victim..........
Indian Penal Code, 1860, Section 307, 325 -- Nature of offence - Intention of accused to do away with life of PW1 not established - Recovery of knife at the instance of accused not established beyond reasonable doubt - Said knife not sent for examination for opinion of doctor - Doubt as to whether injury was caused with knife or with any other object - However, prosecution..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Signatures of defendant on pronote established by handwriting expert - Defendant did not state facts pleaded in written statement on oath in trial Court and avoided witness box so he may not be cross-examined - This by itself is enough to reject claim of defendant that his signature was forged on pronote - Suit..........
