Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After completion of evidence of parties - Case of parties was known to other from beginning - Pleadings having been exchanged and evidence having been led, no second opportunity may easily arise to change the stand already taken - Application rightly dismissed...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - PWs are not reliable witnesses and their testimony regarding recovery of tainted money from the floor bristles with infirmity - DW1 and accused on the other hand, established that trap team headed by PW12, had forcibly dragged accused by holding his hand and manhandled the house owner..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - For proving charge u/s 323 IPC in every case, existence of injury report or its proof by medical officer concerned is not necessary - Medical evidence is essentially an opinion evidence and even in absence of medical evidence charge u/s 323 IPC may be proved on the basis of oral testimony of witnesses...........
Indian Penal Code, 1860, Section 323, Probation of Offenders Act, 1958, Section 4 -- Offence u/s 323 IPC - Benefit of probation - Injury reports of injured witnesses are placed on record - But same was not proved during trial by medical evidence - Medical evidence is essentially an opinion evidence and even in absence of medical evidence charge u/s 323 IPC may be proved on..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - No specific allegation in the non-cognizable report as well as in the statements of witnesses - General allegations were made against accused that they abused injured persons while assaulting them - In the absence of specific allegations and evidence, charge u/s 504 IPC not found to be proved - Accused..........
Evidence Act, 1872, Section 76, 65 -- Certified copy of public document - To be provided on demand - It is to be provided with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title - Such copies so..........
Evidence Act, 1872, Section 65, 74, Registration Act, 1908, Section 57(5) -- Registered sale deed - Certified copy of sale deed is a copy of registration entry which is itself a copy of original and is a public document u/s 74(2) of Evidence Act - S.57(5) of Registration Act, makes it admissible in evidence for proving the contents of its original...........
Evidence Act, 1872, Section 90, 110 -- Sale deed - When the execution of sale deed was not disputed and when contents of original sale deed was proved by production of certified copy there was absolutely no reason to look for the application of Ss.90, 110 of Evidence Act...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - Photograph of marriage is not sufficient to prove factum of marriage, especially when same are not proved on record in accordance with Evidence Act...........
Evidence Act, 1872, Section 3 -- Inimical eye witnesses - When evidence of inimical eye witnesses not corroborated by other independent witnesses, conviction cannot be recorded...........
