Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Mere fact that accused was in custody and that he would suffer by delay can be no consideration for allowing recall of witnesses, particularly at the fag end of trial...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Not a single specific reason has been assigned by High Court as to why recall of as many as 13 witnesses was necessary as directed in impugned order - No fault has been found with reasoning of order of trial Court which rejected the recall application - Mere observation that recall was necessary for..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be permitted subject to such conditions and limitations as are prescribed in O.41.R.27 CPC - Mere ground that document can be produced at any time before the decision of appeal is not sufficient to allow additional evidence...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Mere on the ground of delay, entire story of prosecution cannot be discarded - But in such a situation an onerous duty is cast upon Court to appreciate the contents of FIR and evidence available on record keeping in view the aspect of delay and to see whether delay goes to root of prosecution case or not...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - An advocate commissioner can be appointed for local investigation as mere oral evidence would not aid either party to decide the issue of encroachment - Object of local investigation is to collect evidence at the instance of the party who relies on the same and which evidence cannot be..........
Limitation Act, 1963, Article 91(a) -- Term `first learns' places a burden of knowledge which is rather specific in nature - Knowledge of a specific person against whom suit can be instituted is crucial - Mere suspicion or a whisper of knowledge is not enough for the period of limitation to start running...........
Indian Penal Code, 1860, Section 376(2)(g), 363, 366A, 120B, 506 -- Gang rape of minor girl - Age of prosecutrix - Father of prosecutrix is the best witness to prove the age of prosecutrix - Opinions of dental surgeon or radiologist are mere opinions and they cannot tell the exact age of a person - Where no other cogent evidence is produced, opinions formed by medical..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Liberal view be taken - Ignorance of party or delay on part of lawyer in filing revision petition are sufficient cause to condone the delay - Justice should not be defeated on mere technical grounds...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Irregularity or fraud - Mere establishing material irregularity or fraud is not sufficient unless and until objector establishes that material irregularity or fraud has resulted in substantial injury to objector - Such irregularities must be specifically made out with sufficient particulars...........
Indian Penal Code, 1860, Section 420 -- Cheating - To constitute an offence of cheating intention to deceive should be in existence at the time of inducement -Mere failure to keep up promise subsequently cannot be presumed to be cheating - Subsequent conduct of accused is relevant to infer that whether he had fraudulent or dishonest intention at the inception i.e when the..........
