Criminal Procedure Code, 1973, Section 233(3) -- Defence evidence - Summoning of a witness examined as a prosecution witness - Provision of S.233(3) Cr.P.C. cannot be understood as one compelling the attendance of any prosecution witness who was examined in chief already, cross examined and re-examined, to be examined as a defence witness...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Will - Secondary evidence declined on the ground that Will was produced earlier in a case and there was forensic report that signatures of testator are doubtful - Said suit was withdrawn and no finding was given by trial Court - Trial Court committed an error by recording that Will is doubtful - Unless the parties are..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pleas raised cannot be appreciated properly without recording evidence - At this stage when suit is at preliminary stage, it cannot be said that plaint does not disclose any cause of action or that suit is barred by limitation - Application rightly dismissed...........
Registration Act, 1908, Section 49 -- Un-registered document - Admissibility - Suit for declaration - Un-registered documents are basis of suit and possession was transferred by these un-registered documents - Said documents are not admissible in evidence as per S.49 of the Act - Trial Court rightly disallowed documents in question on account of inadmissibility...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Admitted income of husband would come to Rs.3500 as per affidavit filed by him in lieu of chief examination - Even though husband alleged adultery on the part of wife to deny maintenance to her, however, nothing in evidence to prove adulterous life of wife - Similarly, though husband denied..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Concurrent findings of Courts below are in record that defendants have failed to prove that they have perfected their title by way of adverse possession - Court therefore, u/s 100 CPC cannot revisit and reassess entire evidence on record - Suit rightly decreed in favour of plaintiff...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Can be led only on those issues of which onus to prove was on defendant...........
Explosive Substances Act, 1908, Section 5 -- Offence u/s 5 of the Act - Prosecution failed to lead any evidence to show that accused was having in his possession explosive substance for any unlawful purpose - Testimony of I.O raises a question mark on entire process of recovery of explosive substance, vehicle in question and other recoveries from accused - No independent..........
Evidence Act, 1872, Section 137 -- Opportunity to cross examination plaintiff - Adjournment granted ten times to cross examine plaintiff and thereafter his Advocate pleaded no instructions - Impugned order declining opportunity of defendant to cross-examine plaintiff is proper...........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Partition suit - Initial burden is on plaintiff to show that suit property was a joint family/ancestral property - After initial discharge of burden, it shifts on defendant to show that property claimed by him was not joint family/ancestral property...........
