Criminal Procedure Code, 1973, Section 278 -- Correction of deposition of a witness - Provision of S.278 of the Code is not intended to permit a witness to resile from his statement in the name of correction...........
Criminal Procedure Code, 1973, Section 278, Evidence Act, 1872, Section 80 -- Correction of deposition of a witness - Where certificate of Magistrate endorsed on deposition sheet states that deposition was read out to witness and that witness admitted it to be correct, Court is bound to accept this as correct u/s 80 of Evidence Act, until it is proved to be untrue...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses - O.16.R.1(3) CPC confers a wider jurisdiction on Court to cater a situation where party has failed to name the witness in list or party is unable to produce him or her on his own U.O.16.R.1-A CPC - In such situation party out of necessity may seek assistance of Court U.O.16.R.3 CPC to procure presence..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Non-examination of father of deceased on whose statement FIR in question is lodged is inconsequential, as factum of accident, lodging of FIR, injuries and hospitalization of deceased have been duly established on record by way of statements of eye witness and doctor...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of Insurance Company - Testimony of eye witness - Incident occurred in busy market place - Testimony of eye witness duly established the accident as well as involvement of offending vehicle - Eye witness did not know the deceased and his family before the accident - Merely because he has not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25 -- Recovery of five bags of poppy husk - Merely because independent witness was not examined by prosecution and he rather opted to appear as a witness for defence does not cause any damage to prosecution story...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 47.370 kgms Ganja - Search and seizure - Independent witnesses turned hostile - They not only denied having witnessed anything but also came up with a plausible explanation as to how their signatures found place in documents mentioned by PW7 - Serious doubt is thus, casts on very..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witnesses - Parents of deceased who alleged to be eye witness to the incident had seen their son being assaulted by two persons with weapon - PW2 had allegedly fallen unconscious after seeing blood oozing from body of his son - In such situation it is difficult to appreciate these eye witnesses would go..........
Evidence Act, 1872, Section 3 -- Interested/relative witness - Merely because witnesses are family members their evidence cannot per se be discarded - When there is allegation of interestedness, same has to be established...........
Evidence Act, 1872, Section 3 -- Independent witness - Prosecution cannot be rejected solely on the ground that independent witnesses have not been examined when on perusal of evidence on record, Court finds that case put forth by prosecution is trustworthy...........
