Criminal Procedure Code, 1973, Section 233(3) -- Defence evidence - Unless Court feels that prayer is made to protract the course of trial or to vex the parties, opportunity to lead evidence in defence ought to have been granted...........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Hand loan - Presumption - Probable defence on the part of accused established - Burden shifts on complainant to establish his case beyond a reasonable doubt - Complainant failed to discharge this burden as (a) well wishers in whose presence cheque was given to complainant not examined as..........
Evidence Act, 1872, Section 118 -- Minor is also a competent witness...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Court straightaway administered oath to minor witness without recording satisfaction that minor was competent to depose - This raises a question mark on his testimony especially when a minor witness can be easily tutored - Moreover, contradictions were found in testimony of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 313 -- Murder of four members of family - Dying declarations - Evidence of PW11 about dying declarations made by deceased persons has not been put to accused in his examination u/s 313 Cr.P.C - Even the fact that dying declarations were made by deceased to PW11 was..........
Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Kidnapping and rape - Age of prosecutrix - No cogent and satisfactory evidence has been led by prosecution to prove exact age of prosecutrix - In the absence of any cogent and satisfactory evidence on record, it cannot be said that prosecutrix was minor at the time of alleged incident...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Only material facts on which party pleading relies for his claim or defence to succeed, have to be stated without evidence by which pleading is to be proved...........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - He cannot produce evidence in defence - Limited right of such defendant is confined to cross examine plaintiff's witnesses...........
Evidence Act, 1872, Section 101 -- Burden of proof - Suit for possession and permanent injunction - Burden lies upon plaintiffs to establish their title or prior possession, alleged act of encroachment with clarity and certainty...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession and permanent injunction - Courts below after proper appreciation of oral and documentary evidence have concurrently held that plaintiffs have failed to establish location and encroachment over their land - Demarcation reports relied upon by plaintiffs merely refers to certain parts of Survey..........
