Negotiable Instruments Act, 1881, Section 4 -- Pronote - Forging - Scribe specifically stated that he has seen pronote written by him and amount was given - Other witness also supported plaintiffs case while specifically stating that amount in question was given - Plaintiff has duly discharged the initial burden upon him by examining the scribe of the pronote and receipt..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Plea of false implication - 10 kg charas recovered from possession of accused and market value of same is 1 crore - Hence, it cannot be presumed that police planted charas worth Rs.1 crore falsely - As regarding contention of accused that police demanded..........
Indian Penal Code, 1860, Section 326A -- Acid attack - Eye witness/victim is the main injured in the case and her testimony carries much weight - Doctor opined that injuries caused to victim by acid attack were grievous in nature - Statements of victim and her sister who accompanied her at the time of incident have fully supported the prosecution case and their statements..........
Evidence Act, 1872, Section 8 -- Motive - To establish an offence by an accused motive is not required to be proved when case is based on eye witness account...........
Indian Penal Code, 1860, Section 326A, 324, 323, 353, 332 -- Acid attack - Non-examination of independent witness is not a ground to doubt prosecution case...........
Indian Penal Code, 1860, Section 354 -- Offence u/s 354 IPC - Accused on some other day came to house of victim and molested her and on her crying, her mother came there and accused fled away - Mother of victim is also eye witness of said fact - She also stated that even before 3 years from the date of making statement before trial Court accused molested victim - Both..........
Indian Penal Code, 1860, Section 304, 316, 34 -- Medical negligence - Summoning of accused without insisting for medical evidence or examination of professional Doctor in support of case - Order of trial Court summoning accused and order of High Court set aside - Trial Court to call upon complainant to first examine the professional doctor as a witness in support of his..........
Criminal Procedure Code, 1973, Section 401(2) -- Revision - Complainant cannot be a party to revision petition, but can be a witness to proceedings and can at best assist prosecution and participate through learned APP for State, as expression `other person' u/s 401(2) of the Act does not include a complainant in revision, as other person is either accused or a person..........
Hiba -- Oral - Suit for declaration of ownership and possession - Written hibanama was preceded by oral hiba - PWs had not proved possession of plaintiff over suit premises - Even, oral hiba was not proved by any witness, as they never recognize the donor - At the time of execution of hibanama donor was still continuing in possession over suit premises - No statement in..........
Evidence Act, 1872, Section 137 -- Cross-examination treated as `NIL' - Affidavit of examination-in-chief of witness stated was provided to opponent two days earlier but the same is not acceptable as affidavit was attested on the same day itself - Grave prejudice would be caused to defendant in case an opportunity to cross examine the witness of the opponent is not granted..........
