Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 and PW5 - Offence u/s 307 IPC - Application for recalling PWs have been filed after a long delay of 4 years and 1 year after recording chief examination of said PWs and reasons assigned therein are unsatisfactory - Trial of case is pending for defence evidence since 2015 and accused is in judicial custody -..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Husband in his evidence deposed about mental illness and imbalanced and irrational acts and behaviour of wife in the fit of illness - Wife however, denied this ground in toto - Even otherwise, if wife had been suffering from illness of schizophrenia, she would not have been able to do her..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Evidence of witnesses of fact - Injury on injured found to be caused by some sharp object - Doctor proved the injury report - Accused and injured are residents of same locality and they are very well known to one another - There is no motive before injured to implicate accused falsely - While accused have..........
Indian Penal Code, 1860, Section 302 -- Murder - Non-examination of `B' who was first person to reach on the spot, by prosecution will not give any dent to prosecution case, when there are three dying declarations coupled with the fact that accused has not examined any witness to prove his plea of alibi...........
Evidence Act, 1872, Section 137 -- Written arguments - Cannot be treated as pleadings or affidavit for which a party can be called in witness box for cross examination...........
Evidence Act, 1872, Section 137, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 19, Rule 3 -- Temporary injunction - At the time of deciding an application U.O.39.Rr.1, 2 CPC, summoning a witness for cross-examination is not permissible in view of what has been contained in O.19.R.3 CPC...........
Police Act, 1861, Section 46(2), 2 -- Uttar Pradesh Sub-Inspectors and Inspectors (Civil Police) Service Rules, 2008, R.15(b) [as amended by amendment Rules of 2015) - Post of Sub-Inspector of Police - Application of Normalisation of marks - Petition seeking quashing of results - Contention of candidates who has secured more than 50% actual marks, that those candidates who..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Question in cross examination that cheque was not issued to complainant - When accused is unable to elicit any favourable answer in the cross examination, then by the mere questions posed in the cross examination, he cannot claim that he has rebutted the presumption...........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant for cross-examination - Ample opportunities were provided to accused to cross-examine witness which has not been encashed by him - However, default made by a party and whereby creating inconvenience to opposite party can be cured and compensated by way of imposing cost upon erring party - One more..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption - Non-examination of accused himself as a witness and no cross-examination made on behalf of accused - Not sufficient enough to rebut presumption available to complainant...........
