Civil Procedure Code, 1908, Order 10, Rule 2, Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 195 -- Examination of a party U.O.10.R.2 CPC - False answers given - Court cannot prosecute that party u/s 340 Cr.P.C. read with S.195 IPC...........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 302 -- Evidence of rustic witness - Murder case - Witness was confused by cross-examining for days together - Such an attempt by defence lawyer can hardly be approved - Discrepancies noticed in evidence of rustic witness who is subjected to grueling cross-examination should not be blown out of proportion -..........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - Summary trial - Procedures to be followed - (1) On the day complaint is presented, if the complaint is accompanied by affidavit of complainant, Court shall scrutinize the complaint & documents and if commission of offence is made out, take cognizance & direct issuance of summons of accused,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 313 -- Dishonour of cheque - Re-examination of accused u/s 313 Cr.P.C. at the stage when case was pending for judgment after hearing arguments - Held, even when case is posted for judgment, Court has power u/s 311 to recall and re-examine any person already examined - On..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 304B -- Dowry death - Defence witness admitted in cross examination that there was cruelty and harassment inflicted upon the deceased by her husband and in-laws - Held, defence is bound by the statement of the witness, who has been produced by the accused, whatever be its worth - Accused convicted on the basis..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque allegedly - Accused filed application u/s 311 of Criminal Procedure Code, with a prayer to recall complainant for cross-examination since some vital questions not put during cross-examination of complainant to enable him to put forth his defence - In the..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim, a minor mentally retarded girl, raped in running local train - Eye witnesses account given by two witnesses, who were traveling in the same bogie, showing that victim girl was ravished - No reason with the eye witnesses to falsely implicate accused for such a heinous offence and to allow actual culprit to go scot free..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused persons shot fired at deceased with their respective weapons - Testimony of eye witnesses not contradictory with medical evidence - FIR lodged promptly - Non sending of blood stained earth for chemical examination a mere negligence on the part of I.O. - On exhortation of main accused only other two accused fired at..........
Indian Penal Code, 1860, Section 302 -- Murder - No material contradiction put to eye witnesses recorded u/s 161 of the Cr.P.C. - Held, non examination of Investigating Officer will not cause prejudice to the accused...........
Indian Penal Code, 1860, Section 302, 307, 147, 148 -- Murder - Accused cannot be convicted on the basis of evidence brought forth during trial when there are number of contradictions, discrepancies and change of stand right from the stage of FIR to statement u/s 161 Cr.P.C. and thereafter in examination-in-chief and again shifting stand at the time of cross examination...........
