Criminal Procedure Code, 1973, Section 227 -- Framing of charge - Words "there is sufficient ground for proceeding or not" - Meaning - Held, it means a prima facie case being disclosed against accused which, if remains u, rebutted, will be sufficient for his conviction - If, taken as a whole on the face of it, prosecution story remains in a realm of suspicion and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 17, 35, 54 -- Conscious possession - Recovery of Morphine - Prosecution prove that accused was found to be having conscious possession - Onus shifts on accused to prove that possession not conscious - Accused neither in cross-examination of witnesses nor in opportunity given to him while recording statement..........
Negotiable Instruments Act, 1881, Section 138,143,145 -- Dishonour of cheque - Complainant gave part of his evidence by way of affidavit as per requirement of S.145 of the Act - Accused has limited right to cross-examine complainant as is done in a summary trial case - But at the same time accused is not precluded from putting certain questions which would otherwise be..........
Evidence Act, 1872, Section 137, 138 -- Cross- examination - Object - (1) to destroy or weaken the evidentiary value of the witness of his adversary; (2) to elicit facts in favour of the cross-examining lawyer's client from the mouth of the witness of the adversary party; (3) to show that the witness is unworthy of belief by impeaching the credit of the said witness; and..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19, Civil Procedure Code, 1908, Section 24 -- Transfer of suit from civil Court to DRT - Validity of - Held, a suit filed in the civil Court even if it be in the nature of cross suit..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of person as additional accused during trial - Application u/s 319 of the Code is maintainable even without completion of cross-examination of witness...........
Criminal Trial -- Testimony of witness - No opportunity was given to prosecutor for cross-examination - Held, such testimony cannot be relied upon - Using such testimony would make entire trial illegal and no, established...........
Criminal trial -- Accused can be convicted on the testimony of solitary witness provided his testimony is trustworthy - Trustworthy of a witness connotes that his evidence in examination-in-chief remains undisturbed on account of his cross-examination, which is one hallmark of trustworthiness - The other hallmark, could be circumstances which may appear from the evidence..........
Indian Penal Code, 1860, Section 302 -- Murder - Oral dying declaration made to PWs 1 to 3 - PW1 stated in cross examination that deceased was found unconscious when he reached at the scene of occurrence and unconsciousness continued until he died - PW3 stated that deceased was talking always - Held, two contrary statements create a situation of doubt - Two views possible..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt/liability - Appellant-complainant admitted in his cross-examination that he had given Rs.1,50,000/- to "S" and that he had never met accused prior to coming to court - The said defence was also raised by accused while giving reply to notice served by complainant - Held,..........
