Civil Procedure Code, 1908, Order 16, Rule 6, Civil Procedure Code, 1908, Order 8, Rule 1A, Civil Procedure Code, 1908, Order 18, Rule 17 -- Production of documents and recall of witnesses for further cross examination - Proper reasons not assigned - Not stated in application as to what is the relevancy of documents to be produced - Not stated as to why witnesses are..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Testimony of prosecutrix - Prosecutrix stated that accused took her away at his house and then raped her when she cried then her mouth was forcibly shut down and that on the date she was wearing school uniform - When her father took her home at that time she was bleeding from private part - Testimony of prosecutrix intact..........
Indian Penal Code, 1860, Section 354B, Protection of Children from Sexual Offences Act, 2012, Section 8, 12 -- Offence u/s 354-B IPC and Ss.8, 12 of POCSO Act - Examination of Defence witness - Accused wants to place other FIR on record and examine its maker as a witness, as subsequently another FIR was lodged by mother of accused - It is neither a cross case that it..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has taken different stands as to payment of balance amount as he states that he had withdrawn the amount from bank but no evidence is produced and also states that he had taken loan from a commission agent but not examined as a witness - Plaintiff in his suit claims that defendant did not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Recovery of poppy husk - I.O was not competent to conduct investigation, as he was adhoc ASI and holding substantive rank of a head Constable - This fact is admitted by I.O himself during his cross-examination - This creates defect in prosecution case...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Evidence on record establish issuance of cheque by accused to complainant for loan transaction - Even, accused not disputed his signature on cheque - Moreover, contention of accused that complainant illegally taken away his brief case containing cheque books and signed papers raises genuine doubt in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant's witness for further cross-examination - Trial is still at the stage of defence evidence - Accused prayed that an opportunity be granted to cross-examine complainant's witness on one date only - Adducing evidence by accused in support of..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of complainant for cross-examination - Ample opportunity was given to petitioner for cross-examining complainant - Ample opportunity was thereafter taken by petitioner for producing his defence evidence and ultimately defence evidence was also closed and matter was fixed for final arguments - At this stage petitioner..........
Criminal Procedure Code, 1973, Section 311, Prevention of Corruption Act, 1988, Section 19 -- Further cross examination - Variation between transcription and original audio cassette - Came to the knowledge of petitioner when audio cassette was played in Court for the first time - Further cross examination of PW1 sought as to how competent authority granted sanction without..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to divorce petition - Facts sought by way of amendment by husband cannot be said to be not within his knowledge at the time of filing of written statement - Cross-examination is already commenced - Application for amendment is filed mainly to delay disposal of divorce suit - Rejection of..........
