Civil Procedure Code -- All the defendants filed a joint written statement and being represented through one counsel - Death of one of the defendants in 1992 - Evidence of plaintiff closed in 1994 and thereafter defendants also examined their witnesses - Counsel who had been appearing for all the defendants including deceased defendant cross-examined witnesses produced by..........
Civil Procedure Code, 1908, Order 18, Rule 17, 17-A -- Application of defendant for summoning petition writer for further cross examination - Application filed U.O.18.R.17 CPC - Allowed - Contention that witness could not be cross-examined even if application allowed - Held, contents of application clearly show that application in fact was under O.18.R.17-A - Order upheld...........
Civil Procedure Code, 1908, Order 18, Rule 17A -- Application for summoning of witness for further cross - examination - Maintainability of - Can be allowed in the interest of justice and keeping in view facts and circumstances of the case ...........
Civil Procedure Code, 1908, Order 18, Rule 17, 17A -- Application as per heading under Order 18 Rule 17 for summoning of witness but prayer shows that witness required to be summoned for further cross - examination - Only a typographical mistake of nomenclature of provision of law - Though provision of law not correctly stated but contents of application show that it is in..........
Evidence Act, 1872, Section 45 -- Expert opinion - Party cannot seek sending of document to another expert on the ground that opinion of first expert is against him - Party aggrieved can dislodge the opinion of expert by cross-examining him and eliciting necessary information from him...........
Criminal trial -- Evidence - In absence of any suggestion in cross examination of witnesses, evidence cannot be rejected as not acceptable - When evidence of eye witnesses presents a clear picture of occurrence, no justification for Court to invoke aid of unsustainable presumptions and formulate a theory on the strength thereof...........
Evidence Act, 1872, Section 32 -- Dying declaration - Murder of an Advocate in Court compound - Statement of doctor that name of accused was given by a relative and not by deceased - Statement of another doctor, who gave preliminary treatment to deceased, that deceased had mentioned the name of appellant who fired bullet at him - Evidence not shaken in cross examination -..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal filed by one of the defendants alone - No cross objection filed by rest of the defendants though made party - Appellate Court is competent to pass orders in their favour also...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Appeal against conviction - Link evidence - The contents of two affidavits not put to the accused under Section 313 Cr.P.C. - Held that when these two affidavits were tendered in evidence, the defence made a specific statement that the accused persons did not want to cross-examine the two officials - In..........
Indian Penal Code, 1860, Section 302 -- Appeal against convictio, FIR - Non explanation of time gap between happening of the incident and lodging of FIR - Incident took place at 1.00 P.M. - Statement of PW3 recorded at 4.30 P.M. - As per the cross-examination of PW3 the FIR could not have been recorded before 5.30/6.00 P.M. - Held that these mathematical calculations..........
