Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Case put forward by accused is more believable and that it cannot be believed that complainant had lent a sum to a person whom he has seen only from tyre shop, when accused came to purchase tyres - It has come out during cross examination that complainant..........
Indian Penal Code, 1860, Section 304I, 100, Arms Act, 1959, Section 25, 27, Evidence Act, 1872, Section 105 -- Offence u/s 304-I IPC and Ss.25, 27 of Arms Act - Right of private defence - Plea of self defence never raised in statement u/s 313 Cr.P.C of accused nor same elucidated to PWs during cross-examination on behalf of accused by defence counsel - Even no evidence has..........
Civil Procedure Code, 1908, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), Civil Procedure Code, 1908, Order 13, Rule 3(a), Evidence Act, 1872, Section 137 -- Document not produced with pleadings - Can be produced or shown, for the first time, to witness in his cross examination...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), Civil Procedure Code, 1908, Order 13, Rule 3(a), Civil Procedure Code, 1908, Order 18, Rule 17, Evidence Act, 1872, Section 137 -- Document not produced with pleadings - Production/showing of documents, for the first time, to witness in his cross examination -..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused can be summoned on basis of examination-in-chief of witness only and need not wait for cross-examination etc. - Test for summoning of accused u/s 319 Cr.P.C are same as applicable for framing charge...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of right to cross-examination of PW1 - Accused were continuously filing adjournment petitions - Trial Court was thus, justified in rejecting prayer of accused for a further adjournment - However, in view of precious right of an accused to a fair trial, another opportunity may be granted to..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused can be summoned on basis of even examination-in-chief of witness and Court need not wait till his cross-examination - If on basis of examination-in-chief of witness Court is satisfied that there is a prima facie case against proposed accused, Court may in exercise of powers u/s 319..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Legal Representation - Permission to file affidavit of LR as plaintiff - Once plaintiff had filed affidavit and he was even partly cross-examined and thereafter he closed his evidence, LR who stepped into shoes of plaintiff after his death cannot file another..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Accused should raise his pleas before trial Magistrate u/ss 251, 263(g) Cr.P.C. - Along with his pleas, he can file necessary documents and can also file an application u/s 145(2) of the Act to recall complainant to cross examine him on his plea of defense - However, only after..........
Arbitration and Conciliation Act, 1996, Section 11(6), 8 -- Appointment of arbitrator - Unsafe to conclude, in the given facts of the instant case, as to whether an arbitration agreement exists between the parties - A deeper consideration of whether an arbitration agreement exists between the parties must be left to an Arbitrator who is to examine the documentary evidence..........
