Evidence Act, 1872, Section 138 -- Cross-examination - Specific suggestions not made to the witness in his cross examination - Such circumstances would go against the party cross examining the witness...........
Agreement to sell -- Specific performance - Plaintiff admitted in his cross-examination that suit land was under encumbrance and he checked the jamabandi at the time of execution of agreement to sell - However, there is no reference in the agreement to sell that suit land was under encumbrance - Plaintiff had to prove his case by standing on his own legs and he cannot..........
Agreement to sell -- Specific performance - Agreement in question is executed only for security for the purpose of money transaction between parties - Court below rightly held that sale agreement is never intended to be sale agreement as per answer elicited from cross-examination of PW1 - Relief of specific performance rightly denied - However, since defendant received an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that accused was in custody at the time of issuance of cheque but no evidence produced to prove the same - Plea that cheque was stolen by complainant in his absence - Accused is brother-in-law of complainant and in the absence of any direct and reliable evidence, it is highly improbable that..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of victim - Bar u/s 33(5) of POCSO Act - There is no absolute bar u/s 33(5) of POCSO Act to recall a victim witness - However, victim who is a minor shall not be repeatedly called to Court in the guise of cross-examination - Application u/s 311 Cr.P.C..........
Indian Penal Code, 1860, Section 376 -- Rape - Evidence of prosecutrix in her examination-in-chief that accused committed sexual intercourse with her was not shaken - Version of prosecutrix about the acts of forcible sexual intercourse by accused has been hardly tested in the cross-examination - Manner in which the prosecutrix was taken initially near the Nullah and after..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Comparison of writing on body of cheque - Once defence has been set up by accused that cheque was misused at the instance of complainant, same having been filled up with different hand, it was essential to get the same compared with signature of..........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim for cross-examination - Rape victim - Victim was examined prior to examination of medical officer who deposed as PW3 and question with regard to FSL report could not be put to victim which in fact seems necessary for a just decision of case - Prejudice would be caused to accused unless afforded an effective..........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim for cross-examination - Rape victim - Victim was examined prior to examination of medical officer who deposed as PW3 and question with regard to FSL report could not be put to victim which in fact seems necessary for a just decision of case - Prejudice would be caused to accused unless afforded an effective..........
Indian Penal Code, 1860, Section 394, 397, Evidence Act, 1872, Section 27 -- Offence u/ss 394, 397 IPC - Recovery of ornaments at the instance of accused - No evidence that recovered articles were sealed at the time of recovery or that they were kept secure in the Malkhana of police station till the same were subjected to identification before Executive Magistrate -..........
