Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Accused examined his son in defence who deposed that his father had never taken loan from complainant - However, in cross examination he accepted that his father has taken a loan from complainant - This admission supports claim of complainant - Accused failed to rebut presumption..........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Closure of plaintiffs evidence without deciding application U.O.11.Rr.12, 14 CPC is clearly erroneous - Moreover, closing of evidence has a completely disproportionate consequence of plaintiffs evidence not being led with right of plaintiffs to their property being severely jeopardized -..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Plaintiff was granted twelve adjournments to cross-examine defendant's witnesses - However, plaintiff not opted to cross-examine witnesses - Trial Court rightly closed right of cross-examination of plaintiff and listing matter for final hearing...........
Criminal Procedure Code, 1973, Section 311 -- Re-examination of Doctor/PW13 - Rape case - Blood samples of accused and victim was taken by PW13 - Blood samples were forwarded to FSL for DNA profiling - Vaginal swab of victim DNA matches with DNA profile obtained from blood sample on FTA card of accused - However, PW13 not examined at all qua this aspect of matter -..........
Indian Penal Code, 1860, Section 395, 412, Arms Act, 1959, Section 26, 35 -- Offence u/ss 395, 412 IPC and Ss.26, 35 of Arms Act - From cross examination of informant it is apparent that he cannot identify accused who has threatened him and who had taken away money from bag in vehicle - Identification of accused in TIP is also not reliable - Though PW7 and PW8 who are eye..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for further cross-examination - PW5 and PW17 were extensively cross-examined - Witness cannot be called upon to rely on memory after several years - Record is replete with instances which indicate that accused have been attempting to delay proceedings - Trial Court rightly rejecting application of accused for..........
Indian Penal Code, 1860, Section 302, 34, 201, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of watch - Confession - Watch in question belonged to PW12 which was with deceased when he left home - Owner of shop/PW4 stated that accused gave a watch for repairing - He was shown receipt given to accused which was seized from custody of accused -..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for further cross-examination - Previous counsel did not call upon plaintiff to produce sale deed of land - Does not constitute a ground for recall of witness merely because present counsel has given an advice that same was necessary...........
Indian Penal Code, 1860, Section 302 -- Murder - PW1 stated that accused who happens to be his uncle was cutting neck of his father by a knife and when he rushed near spot, they fled away - However, PW1 in his cross-examination denied suggestion that neither he has mentioned in FIR nor stated before I.O that when he went to spot he saw accused was cutting neck of his..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witnesses for further cross examination - Mere changing of counsel not a reason to seek further cross-examination of plaintiff's and defendant's witnesses...........
