Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - Procedure to be followed - Held, accused has no right to adduce any evidence or material at the stage of charge nor Court is required to consider any defence evidence - At that stage materials collected during investigation and placed before Court in support of police report submitted u/s 173 of the..........
Will -- Burden of proof - Propounder has to prove the execution of Will and is further required to remove the suspicion by leading sufficient and cogent evidence - However, if defence of fraud, coercion or undue influence is raised, the burden would be on the caveator...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Impugned cheque signed by applicant - Cheque was returned dishonoured on the ground of non sufficiency of funds - Demand notice issued by respondent neither replied by nor the amount of such cheque was paid by him - In defence-statement applicant-accused stated that cheque was never handed-over..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - At the stage of defence evidence, petitioner/accused moved an application seeking direction to complainant to adduce evidence of a finger print and hand writing expert - Trial court rejected application for the reason that accused cannot compel complainant to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Wife examined as a defence witness - Evidence cannot be discarded merely on the ground of relationship - Truthfulness or otherwise depends upon facts and circumstances of each case...........
Civil Procedure Code, 1908, Order 31, Rule 1 -- Public document - Production of public documents - No formal proof is required to bring same on record as evidence - Documents form basis of defence of petitioners - Held, petitioners will suffer serious prejudice if same is not allowed to be brought on record - Liberty is being given to petitioners to bring said documents to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Applicants had given a cheque to complainant and same was dishonoured - Opposite party No.2 had given a legal notice to which applicants neither gave any reply nor returned money to opposite party No.2 - All submissions made at bar..........
Circumstantial evidence -- Chain of circumstances : (1) There were strained relations between the accused and his family members including his wife - He used to beat his wife with a leather belt, and was dictatorial, which attitude was resented by the family members; (2) The accused came to his flat on 9th April, 2003 at midnight, and was last seen with his wife in his..........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Dasti summons - Prosecution is given liberty to serve summons through agency of police then same facility cannot be denied to accused - Court cannot compel defence to obtain dasti summons from the Court and serve the same themselves - When an application for summoning is moved either by the prosecution or by..........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Long list of 19 witnesses - Not disclosed as to what fact, each of them is supposed to depose - Before issuing summons to defence witnesses, trial Court has to ensure that witnesses so summoned are relevant for disposal of the case...........
