Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused by leading his evidence and also producing several documents and also through cross examination of PW1 could successfully rebut presumption formed in favour of complainant - Even, complainant failed to prove loan transaction between himself and accused - Both Courts below erred in appreciating..........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Adversarial system confer accused with indefeasible right to cross-examine PWs and let in defence evidence...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Cannot be made applicable to proceedings u/art 226 of Constitution or an appeal arising therefrom in view of S.141 Explanation CPC...........
Sale in course of import -- Carries three essential features Viz. - (i) that there must be a sale; (ii) that goods must actually be imported into the territory of India; and (iii) that sale must be part and parcel of import - Sale would become part and parcel of import if it either occasions such import or if it occurs by way of a transfer of document of title to the..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Motive - Prior dispute between parties regarding bada, which led to incident, is a motive of crime as stated by informant - No significant cross-examination was undertaken by defence from informant on this aspect - Factum of motive to commit offence is well established against accused...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 8, 12 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Rape - Complaint was immediately lodged after the incident - Both accused and prosecutrix has stated about the incident in question in..........
Evidence Act, 1872, Section 33 -- Statement of witness - Evidence given by witness in a previous judicial proceeding or in a later stage of same judicial proceeding when witness is dead, is relevant for purpose of proving the matter, provided witness examined by prosecution was subjected to cross-examination...........
Indian Penal Code, 1860, Section 376 -- Rape - Evidence of prosecutrix that accused raped her, substantially corroborated by independent witnesses as well as seizure of knife from a nearby bush - Defence raised by accused during his examination u/s 313 Cr.P.C with regard to animosity of PW1 appears to be desperate one, as no cross-examination in this regard had been made..........
Civil Procedure Code, 1908, Order 13, Rule 4, Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 7, Rule 14(3)(4) -- De-exhibiting a document - Document produced alongwith replication, without seeking leave of Court - Same exhibited during examination of plaintiff without any objection being raised by defendant - Defendant also cross examined on..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Defendant proceeded ex parte - Right to lead evidence - Defendant who is proceeded ex parte can lead evidence subject to certain riders, viz. (i) Witness cannot propound a new case or the case of its own; (ii) Witness must not have entered witness box in the said suit previously to lead evidence and has been cross-examined;..........
