Motor Vehicles Act, 1988, Section 166 -- Accident - Unmanned railway crossing - Union of India cannot be held liable to pay compensation merely for the reason that the railway level crossing was unmanned - In the instant case there is no evidence on record that no sign board was placed by side of the crossing to inform the driver of the vehicle trying to cross the railway..........
Will -- Suspicious circumstances - Certain questions were put to PW1 during his cross-examination as regards position of signatures of testatrix in Will - In Will in Page No.4, unlike other pages type writing comes till end of paper and signature of testatrix is found in a small space - At end of Will, after description of properties, signature of testatrix and signatures..........
Criminal Procedure Code, 1973, Section 311 -- Prosecution witness - Re-examination - Legality of - Held, once witness was examined in-chief and cross-examined fully, such witness should not have been recalled and re-examined to deny evidence he had already given before Court, even though that witness had given an inconsistent statement before any other Court or forum..........
Civil Procedure Code, 1908, Section 96,100, Order 1, Rule 10 -- Appeal - Non-impleadment of party - After death of original plaintiff his L.Rs. were brought on record - Plaintiff No.6 who was his daughter - Against judgment and decree partly decreeing suit and partly dismissing it, L.Rs. of plaintiff also filed first appeal before first Appellate Court - Plaintiff No. 6..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce petition by husband on ground of `unsound mind' of wife which alleged to be incurable - Husband examined four doctors - All the four doctors/Psychiatrists who treated the wife prescribed medicines and expressed the view that it is 'incurable' - Even wife and her father admitted in cross examination that wife had taken..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of Cheque - Legally enforceable debt - Proof of - Accused admitted in his cross-examination that he has business dealings with complainant firm and has purchased feeds and various chemicals from complainant firm and sold the same to various customers - He also admitted that cheque belongs to his account and he..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque whether issued in the personal capacity or as proprietor of the business concern - Production of account books - Account books need not to be produced when neither any question is asked during cross examination nor such documents were sought to be produced...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a party for further cross examination - Matrimonial dispute - Wife cross examined at length - Recall of wife for further cross examination to confront her with the video CD - CD was very much in existence when wife was cross examined at length - A witness cannot be re-summoned for further cross examination in order..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Finding of exoneration recorded by investigating agency cannot be given precedence over the finding recorded by Judicial Court on the basis of contents of complaint, first information report and also substantive testimony of complainant during trial who withstand the cross examination - It is..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Evidence on affidavit - Object of - Held, filing of affidavit, in terms of O.18.R.4 of CPC, of any witness is evidence of the witness to facilitate opposite party to enable and make him ready to cross-examine witness after proper preparation - Courts shall adopt normal practice of directing the party to produce evidence in..........
