Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Long complicated and confusing question was put to accused - Even though accused admitted such question, but in absence of substantive piece of evidence in Court regarding identification of accused, answer given by him cannot held to be sufficient to prove charges - Accused acquitted...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Summoning of witness - A witness cannot be summoned to let in evidence not supported by pleadings...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Summoning of public servant as a witness - Dispute over immovable property - Courts not to ordinarily summon public servants to support the cause of one party unless Court itself is of the opinion that evidence of such public servant is required to adjudicate on the seriously disputed questions arising in the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery on basis of pronote - Whether plaintiff has proved execution of pronote and receipt by leading cogent evidence, can be said to be a question of fact - It cannot be said to be question of law much less substantial question of law - High Court thus, committed a serious error in upsetting concurrent..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Permitted to file at the stage of defendant's evidence - Defendants were proceeded against ex parte twice over - No satisfactory reason assigned by defendants for delay in filing written statement - Only ground mentioned by trial Court while allowing application for filing written statement, is setting..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Issuance of cheque towards time barred debt - It is a matter of evidence - Not to be adjudicated in an application filed u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 161 -- Statement given by an accused to police u/s 161 Cr.P.C. is not admissible as evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to correct the date of death of one person mentioned in plaint - Plaintiff specifically pleaded that by making amendment, neither nature of suit will be changed nor any prejudice will be caused to defendants - Evidence of parties have already been led and matter is posted for final..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of Courts below that plaintiff miserably failed to prove his possession and ownership over plot in question and accordingly his suit is dismissed on merits - Findings of fact are based on appreciation and re-appreciation of evidence and do not suffer from any..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Enough evidence to substantiate plea of wife that husband was demanding money from her father and was subjecting her to harassment - Husband also questioned chastity of wife by alleging that son was not his biological son and there is nothing on record to substantiate such baseless allegation - Husband..........
