Evidence Act, 1872, Section 137 -- Cross examination - Absence of cross examination to the specific part of examination-in-chief - Same is deemed to be admitted...........
Evidence Act, 1872, Section 26 -- Confession - Offence u/s 304(Part II) IPC - PW1/Father of deceased stated that accused on query confessed that he is author of crime but in his cross-examination he made it clear that on query made by police he stated so - Confession not proved...........
Indian Penal Code, 1860, Section 304(Part II), Evidence Act, 1872, Section 3 -- Offence u/s 304(Part II) IPC - Interested witnesses - Deceased died homicidal death proved from the evidence of doctor coupled with evidence of inquest witnesses - However, evidence of PW5, son of deceased was well shaken during cross-examination, thus cannot be relied upon - Evidence of PW6,..........
Criminal Procedure Code, 1973, Section 311 -- Recall of prosecution witnesses - Dismissal of application - It is apparent that petitioner has cross-examined witnesses at length and has put his defence to them - Even, reason given in application for re-examining these witnesses is not bonafide as it appears that petitioner wants to delay the proceedings - Moreover, no..........
Civil Procedure Code, 1908, Order 19, Rule 2 -- Affidavit - Cross-examination of deponent - Not necessary as petitioners right to object affidavit is secure and he can make his own affidavit...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - To prove valid execution of Will in question - Will set up by plaintiff is a registered Will, execution whereof is admitted by defendant - Court below, thus, ought to have permitted plaintiff to lead additional evidence to prove valid execution of Will in the interest of justice - Moreover, no prejudice is..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Evidence of witnesses stated presence of petitioners and their participation in alleged offence - Some witnesses turned hostile - Certainly, there are discrepancies cropped up in cross-examination but necessary evidence for invoking S.319 Cr.P.C. for taking cognizance against the persons other than the..........
Evidence Act, 1872, Section 137, Criminal Procedure Code, 1973, Section 161 -- Cross-examination - Questions asked in cross-examination cannot be overruled on ground that same are beyond as to what is stated in statement u/s 161 Cr.P.C. and are not relevant...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Rectification of inadvertent mistake of mentioning wrong survey number - Plaintiff in his cross-examination confronted thrice about correct survey number from which cause in the suit had arisen - No inadvertent mistake or clerical mistake reflected from said testimony - Attempt on the part of plaintiff..........
Criminal Procedure Code, 1973, Section 264 -- Summary trial - Dismissal of application - Offence u/s 23 of Pre-Conception and Pre-Natal Diagnostic Techniques Act and S.201 IPC - Charge for offence was framed against accused on 15.04.2015 and on the same day application was moved on behalf of accused and other co-accused persons u/s 91 Cr.P.C. and trial Court fixed the..........
