Evidence Act, 1872, Section 65 -- Secondary evidence - Certified photocopies - Defendant filed an application U.O.13.R.10 CPC for calling of record from authorities, which issued certified copies, yet said record were not made available for reasons of not being traceable - Trial Court thus, allowed defendant to lead secondary evidence in respect of documents in issue..........
Indian Penal Code, 1860, Section 302, 201, 149 -- Murder - Evidence of three eye witnesses - Presence of eye witnesses on the spot cannot be doubted, as mother and brother of deceased immediately proceeded towards deceased along with PW6 in order to give him a torch light, since it was pitch dark - Defence in their cross-examination was not successful in proving that..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife deserted husband without any reasonable cause and without consent of husband - Wife cross-examined husband at length but nothing incriminating came on record against husband - Wife not led any evidence to rebut evidence led by husband - Ground of desertion proved on record -..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Declaratory decree - Non-filing of cross-objection - Issues framed by Appellate Court - Effect of - In the absence of cross objection or independent appeal on behalf of respondents assailing decree granted against them, Appellate Court cannot frame issues - Order of appellate Court set aside...........
Civil Procedure Code, 1908, Order 11, Rule 12 -- Production of documents - Eviction petition - Tenant seeking production of documents to prove that landlord has an alternative shop now available to him to overcome his bona fide need for running business of his son - However, neither tenant nor Court can direct landlord to choose place and premises for running his business..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - To be treated as a separate suit/cross suit - As property in dispute as well as parties to the litigation in both the suits are common, Court to proceed with two suits simultaneously and decide the suits in accordance with law - Court is at liberty to consolidate the suits and direct parties to lead evidence..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 28(2), Protection of Women From Domestic Violence Rules, 2006, Rule 6(5) -- Domestic violence - Petition u/s 12 of the Act - Court in its discretion can allow evidence on affidavit and permit cross-examination to test veracity of evidence - Court can deviate from procedure prescribed u/s 28(1) r/w Rule 6(5)..........
Partition suit -- Claimed by daughters - Defendant contended that plaintiff no.2 was allotted 1/6th share as per Court order in 1972, therefore, she is not entitled to any share in suit property - However, evidence on record shows that said money was drawn by defendant no.1 as eldest male member of family - With reference to this particular aspect, in cross examination..........
Evidence Act, 1872, Section 138 -- Cross-examination - Refusal to cross examine on the ground of pendency of revision against an earlier order - No stay was granted therein - Mere pendency of revision is no ground to refuse cross examine - Cross examination rightly treated as `Nil'...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Evidence Act, 1872, Section 154 -- Recovery of 4 kg 400 gms charas - Hostile witness - Recovery effected from bag kept beneath three seater bench of bus - Independent witness supported prosecution case, whereas, PW3 (conductor of bus) desisted from lending support to entire prosecution case - However, PW3..........
