Criminal Procedure Code, 1973, Section 311 -- Recall of prosecution witnesses - Dismissal of application - It is apparent that petitioner has cross-examined witnesses at length and has put his defence to them - Even, reason given in application for re-examining these witnesses is not bonafide as it appears that petitioner wants to delay the proceedings - Moreover, no..........
Civil Procedure Code, 1908, Order 19, Rule 2 -- Affidavit - Cross-examination of deponent - Not necessary as petitioners right to object affidavit is secure and he can make his own affidavit...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - To prove valid execution of Will in question - Will set up by plaintiff is a registered Will, execution whereof is admitted by defendant - Court below, thus, ought to have permitted plaintiff to lead additional evidence to prove valid execution of Will in the interest of justice - Moreover, no prejudice is..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Evidence of witnesses stated presence of petitioners and their participation in alleged offence - Some witnesses turned hostile - Certainly, there are discrepancies cropped up in cross-examination but necessary evidence for invoking S.319 Cr.P.C. for taking cognizance against the persons other than the..........
Evidence Act, 1872, Section 137, Criminal Procedure Code, 1973, Section 161 -- Cross-examination - Questions asked in cross-examination cannot be overruled on ground that same are beyond as to what is stated in statement u/s 161 Cr.P.C. and are not relevant...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Rectification of inadvertent mistake of mentioning wrong survey number - Plaintiff in his cross-examination confronted thrice about correct survey number from which cause in the suit had arisen - No inadvertent mistake or clerical mistake reflected from said testimony - Attempt on the part of plaintiff..........
Criminal Procedure Code, 1973, Section 264 -- Summary trial - Dismissal of application - Offence u/s 23 of Pre-Conception and Pre-Natal Diagnostic Techniques Act and S.201 IPC - Charge for offence was framed against accused on 15.04.2015 and on the same day application was moved on behalf of accused and other co-accused persons u/s 91 Cr.P.C. and trial Court fixed the..........
Indian Penal Code, 1860, Section 302, 364, 379, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - PW11 identified all three accused in Court, who came at the time when he was washing his car along with deceased and he had last seen all of them sitting in Van on that day - Testimony of PW11 remains intact even during..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Certified photocopies - Defendant filed an application U.O.13.R.10 CPC for calling of record from authorities, which issued certified copies, yet said record were not made available for reasons of not being traceable - Trial Court thus, allowed defendant to lead secondary evidence in respect of documents in issue..........
Indian Penal Code, 1860, Section 302, 201, 149 -- Murder - Evidence of three eye witnesses - Presence of eye witnesses on the spot cannot be doubted, as mother and brother of deceased immediately proceeded towards deceased along with PW6 in order to give him a torch light, since it was pitch dark - Defence in their cross-examination was not successful in proving that..........
