Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Accused being the driver of offending vehicle stands established not only by oral evidence but also on the documentary evidence on record, especially indemnity bond executed by owner of vehicle - Further, accident is not in dispute though accused has tried to deny the same at the time of recording..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC should be decided along with main appeal - Order allowing application which was decided prior to deciding of appeal set aside - First appellate Court directed to decide appeal along with application U.O.41.R.27 CPC together on merits...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Acts such as threats or harassment, without evidence of direct participation in suicide, cannot be deemed sufficient to establish abetment...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - No suicide note was discovered in proximity to deceased, which significantly complicates task of determining motive behind individual's tragic decision to take his own life - Assertion of harassment and torture made by complainant against petitioner, while serious, does not suffice to establish culpability u/s..........
Civil Procedure Code, 1908, Order 16, Rule 2 -- Summoning of a witness not named in list of witnesses - Court can allow a party to produce a witness though not named in list of witnesses - Order rejecting application set aside - Trial Court directed to issue summons to proposed witness to record his evidence...........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Testimony of PWs - Cause of death is burn injuries i.e unnatural death - Incident took place within four years of marriage - However, none of PWs proved that deceased was harassed for dowry - Mother and brothers of deceased stated that economic circumstances were the..........
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..........
