Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Once complainant has brought forward his case by giving his affidavit about the issuance of cheque, dishonour of cheque, issuance of demand notice etc., he can be cross-examined only if accused makes an application to Court as to, on what point he wants to cross examine the witness(es) and then only..........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - An accused who considers that he has a tenable defence and the case against him was not maintainable, he can enter his plea on the very first day of his appearance and file an affidavit in his defence evidence and if he is so advised, he can also file an application for recalling any of the..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - If there is an application u/s 145(2) of N.I. Act for recalling a witness of complainant, Court shall decide the same, otherwise, it shall proceed to take defence evidence on record and allow cross examination of defence witnesses by complainant...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of Cheque - Trial Court acquitted accused after closure of examination-in-chief of complainant two opportunities were given and complainant has not tendered himself for cross-examination - Complaint remanded back with giving one more opportunity with cost of Rs.5,000/-..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 9.90 grms heroin - Testimony of material witnesses is consistent - All of them fully withstood the test of cross-examination and nothing favourable could be extracted from their cross-examination - Statements of material witnesses are quite natural, consistent and reliable on the point of..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Cross objections have all trappings of a regular appeal and therefore must be considered in full by Court adjudicating upon the same...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Where decree given by Court of first instance, is partly in favour of respondent, but is also partly against respondent, two remedies within O.41.R.22 CPC remain with respondent, which are: (i) To file their cross objections and, (ii) To support the decree in whole - However, a third remedy in law also..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 for cross-examination - Offence u/ss 354, 354-A, 354-D IPC and S.12 of POCSO Act - Right of accused to cross-examine PW1 would be all the more at a higher pedestal under POCSO Act - Merely because accused approached Court with an application u/s 311 Cr.P.C after an inordinate delay of one year, that by itself may..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(J)(ii) -- Victim turned hostile - No suggestion given by public prosecutor in cross examination that she turned hostile purposefully - Whatever may be the evidence of P.W.1 when the girl herself does not speak that accused did not have sexual intercourse with..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Cross objections have all trappings of a regular appeal and therefore must be considered in full by Court adjudicating upon the same...........
