Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 15, 16, Evidence Act, 1872, Section 137 -- Maintenance - Evidence by way of affidavit - Cross examination of witness - In matrimonial disputes each party gives exaggerated accounts and it is duty of Court to extract the truth from falsehood - In matrimonial litigation Family Courts have to take..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Cross-examination of two material PWs closed and made same as `NIL' - Fate of petitioners has been sealed and they have been left defenceless and irreparable loss has been caused to them, as on the basis of statement made by said PWs in examinatio, i, chief, no discretion will be left with..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Evidence of both the parties adduced on affidavits - No cross-examination was done - Impugned order of directing husband to pay maintenance to wife on the basis of affidavits, held, not sustainable and thus, quashed...........
Evidence Act, 1872, Section 137 -- Admission in cross examination by a witness, of case set up by the opposite side - Court must examine the entire statement and thereafter arrive at a conclusion whether such admission is categoric and specific or not...........
Demarcation report -- Challenge as to - Report of demarcation in detail and no error pointed out in the manner demarcation was carried out - Defendants had opportunity to prove that demarcation report is erroneous while leading their own evidence - Suit was pending before trial Court for more than 13 years, however, defendants never made any effort to get land..........
Arbitration and Conciliation Act, 1996, Section 34(2)(a) -- Arbitral award - Setting aside - Proof - Ordinarily anything beyond Arbitration record not required - However, matter not contained in such record may be brought to notice of Court by way of affidavits - Cross examination of persons swearing to the affidavits should not be allowed unless absolutely necessary...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - O.18.R.17 CPC to be sparingly exercised and it is not a provision intended to enable the parties to recall any witnesses for their further examinatio, i, chief or cross-examination - Provision is primarily to enable Court to clarify any issue or doubt, by recalling any witness either suo motu, or at the..........
Civil Procedure Code, 1908, Section 35B -- Non-payment of costs - Prayer for further cross examination of PW1 at the instance of defendant rightly rejected...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband alleges that wife used to mix some powder given by tantric in his food - However, husband himself admitted in his cross-examination that wife never cooked food for him - Allegation not proved - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife alleges that husband had illicit relationship with one lady working in his office and he left matrimonial home for this reason - Husband chose not to cross-examine her on this aspect - Wife also produced RW2 who corroborated her allegation against husband and husband not chose to..........
