Will -- Suspicious circumstance - Testatrix was about 80 years old and travelled by bus and walked a little for executing the Will/having it registered - However, said fact itself does not cast any doubt on the execution of Will, since a lady of advanced years in a rural area ought not to be automatically deemed to be so physically unfit as to be unable to undertake the..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Ex parte order - Setting aside - Counsel not appeared on the relevant date which resulted in ex parte order passed against defendants - Party cannot be made to suffer for fault of counsel - Foreclosure of defendant's right to cross-examine PW1 and PW2 has resulted in grave prejudice to right of defence of..........
Evidence Act, 1872, Section 138 -- Eye witness - Cross examination - Several material questions which were very relevant were not allowed to be put to the witness - Questions were put with the object of proving that prosecution case was doubtful - Causes serious prejudice to the defence of accused - Accused rightly acquitted...........
Evidence Act, 1872, Section 138 -- Eye witness - Cross examination - Several material questions which were very relevant were not allowed to be put to the witness - Plea that if there is prejudice then evidence of such witness can be discarded - Held, if questions would have been allowed, there was a possibility that the answers might have been relevant to discredit the..........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant for further examination - Complainant was examined before report of CFSL (Central Forensic Sciences Laboratory) came - At the time of initial deposition there was no occasion for complainant to bring relevant facts before Court which arose after CFSL expert was examined - Moreover, if opportunity is given..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In appeal against conviction Appellate Court set aside conviction and remanded the matter as accused was denied an opportunity to produce documents in defence and denied him opportunity to cross examine the relevant witnesses testimony - Order upheld...........
Civil Procedure Code, 1908, Order 11, Rule 12 -- Production of documents - Application for issuing the direction to Bank to produce relevant loan documents - However, plaintiff no.1 was not subjected to any cross-examination by defendant on this aspect - Even, prima facie trial Court observes that loan was sanctioned by Bank in favour of plaintiff no.2 - Application..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Witness cross examined by co-counsel - Witness was cross examined by co-counsel on instructions of counsel - After asking all relevant questions co-counsel stopped cross examination - Trial Court closed evidence of witness - Witness cannot be recalled for filling up lacuna - Lacuna left cannot be allowed to..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recalling plaintiff for cross-examination - Documents proposed to be placed on record in evidence by putting the same to plaintiff in his cross examination after recalling him - Such documents not relevant for adjudication of suit - Trial Court rightly dismissed the application...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Plaintiff had not produced relevant documents at time when case was fixed for plaintiff's evidence, though time was granted to plaintiff to file such documents - Case was again listed for cross-examination of PWs, however, neither documents were produced nor any explanation was given for..........
