Evidence Act, 1872, Section 138 -- Cross-examination - Purpose of cross-examination is to impeach credibility of witness - It is not the job of Defence Counsel to confess on behalf of his client...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Bonafide necessity - Landlady categorically pleaded in her petition that her son had become busy in his own business and her daughter had got married due to which landlady felt lonely and wanted to start running a boutique as she was educated besides having knowledge of work of..........
Indian Penal Code, 1860, Section 302, 324 -- Murder - Weapon neither shown to doctor nor shown to appellant during cross examination - Not of such consequence as there is clear medical evidence regarding injury being caused by knife, axe and battle axe...........
Army Act, 1950, Section 191, Army Rules, 1954, Rule 23(2), 179, 180 -- Armed service - Dismissal - Assault on Subedar - Court martial proceedings - Summary of evidence - Signatures of respondent obtained in advance on blank papers, as signatures were found at right hand side at bottom of page and second half of page is left blank - Contention of appellant that summary of..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 323, 324, 452, 148, 149, 506 -- Summoning of Doctor - To prove Radiological Reports - Doctor conducted radiological examination of injured - However, doctor was not cited in list of PWs by I.O due to oversight and omission could not be noticed by Assistant Public Prosecutor at the time of..........
Indian Penal Code, 1860, Section 341, 323, 34 -- Offence u/ss 341, 323, 34 IPC - Contradictions found in statement of PW1 - Cross-FIR was lodged by accused against complainant - Trial Court after appreciating entire evidence rightly acquitted accused - Findings of trial Court are perfectly justified - Acquittal upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Dismissal of application - Eviction petition - Close scrutiny of cross examination conducted upon landlord and his witness nowhere suggests that tenant was able to establish on record that verandah was extended by landlord after commencement of trial and even after filing of application for..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Admittedly, issues were framed - Landlord concluded his evidence - Tenant also filed his affidavit as his examination-in-chief in his affirmative examination and he has even cross-examined..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Murder - Death by burning - 98% burn injuries - Dying declaration of deceased does not bear any certificate of doctor that patient was in a fit condition to give such statement - On the contrary doctor categorically stated in cross-examination that deceased was not in a position to..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Ante-timed or ante-dated - Police officer who recorded FIR is required to be properly cross-examined as to on what basis defence pleads FIR to be ante-timed or ante-dated - If no such requirement of law is completed and no such proper cross-examination of witnesses is being done, it cannot be presumed that FIR is..........
