Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 326, 324, 323, 34 -- Anticipatory bail - Offence u/ss 326, 324, 323, 34 IPC - It is a case of version and cross version and it is to be determined by trial Court on basis of evidence as to who is aggressor party - No useful purpose will be served by sending the petitioner to custody - Bail..........
Evidence Act, 1872, Section 137 -- Further time to cross examine - Divorce petition - Husband cross examined at length for six days - Plea of wife that she was not afforded enough time to prepare for cross examination of husband is untenable and does not hold water - Wife in order to gain time and retard the process of conclusion of recording of evidence of husband has..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by wife - Wife proved on record that she has been treated with cruelty by act of husband who used verbal abuses and insults by using filthy language which constantly disturbed her mental peace - She even proceed to the extent of filing criminal case against husband u/s 498-A IPC - No cross..........
Evidence Act, 1872, Section 137 -- Recall of a witness for further cross examination - Disclosure of proposed questions - Plea that disclosure of proposed questions will make very purpose of further cross examination redundant - Court is to be satisfied with sufficient reasons therefor - Such party has necessarily to indicate the aspects, on which he would like to..........
Evidence Act, 1872, Section 137 -- Recall of a witness for further cross examination - Reason stated that on the advice of new counsel, it is realized that some important questions were not put to the witness during his cross examination and that they are very important to substantiate his case - Held, such a reason is wholly unacceptable...........
Evidence Act, 1872, Section 3, 138 -- Credibility of witness - Veracity of witness can only be judged by taking into consideration evidence adduced by him on oath made during course of chief-examination as well as during course of cross-examination and accordingly - In other words, in order to access credibility of witness, Court cannot isolate one segment of evidence or..........
Agreement to sell -- Specific performance - Plea of fraud and fabrication - Bald plea of fraud and fabrication alleged by defendant but not an iota of evidence produced to substantiate such plea - Plaintiff on the other hand proved agreement to sell by producing attesting witnesses, typist and Notary public in Court - Said witnesses were duly cross-examined and their..........
Evidence Act, 1872, Section 137, 138 -- Cross-examination - When a certain conclusion is sought to be drawn from statements given by a witness in his cross-examination, then a categoric and specific suggestion to that effect must have to be given to witness for him to admit or deny...........
Indian Penal Code, 1860, Section 447, 427, 379, 506, 148, 149 -- Offence u/ss 447, 427, 379, 506, 148, 149 - Admittedly, there is land dispute between parties - Even, as per cross-examination of caretaker of disputed land, it shows that there is no Khasra girdawri in name of complainant or his name - Moreover, neither he knows four sides of disputed land nor he can tell in..........
Evidence Act, 1872, Section 138 -- Plaintiff expired after submitting his examination-in-chief - He was thus, not available for cross-examination - Examination-in-chief of plaintiff is valueless - Exception is carved out only u/s 32 of the Act, which is not the case here...........
