Evidence Act, 1872, Section 3 -- Medical evidence and oral evidence - Minor discrepancies in the evidence of a prosecution witness is not given undue emphasize but where the ocular evidence seriously challenges the medical evidence, prosecution case must be held inconsistent...........
Evidence Act, 1872, Section 138 -- Re-examination of a witness - Cannot be permitted to take away the effect/withdraw any statement made during examination/cross examination of a witness...........
Evidence Act, 1872, Section 138 -- Re-examination of a witness - Cannot be permitted to take away the effect/withdraw any statement made during examination/cross examination of a witness...........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Cruelty - Deceased died within seven years of marriage - Evidence of PWs do not support prosecution case that deceased was subjected to any cruelty by accused or that deceased was harassed by accused for color TV - Circumstances of case are not sufficient to connect accused with alleged offence - Prosecution..........
Indian Penal Code, 1860, Section 376 -- Rape - Incident occurred at a place which was being used to keep animal dung - However, no evidence led by prosecution to show that victim's clothes were stained with animal dung - PW1 and PW5 stated that victim had screamed during rape - But, in a colony where 100-200 people stayed and houses built close by, it is not possible that..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Order 26, Rule 10A -- Handwriting expert - Comparison of signatures - Signatures obtained in open Court which are on suit summons, vakalat and written statement would be later in point of time than the suit agreement of sale - Said signatures are not safe to take as specimen signatures for comparison with disputed..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Order 26, Rule 10A -- Handwriting expert - Comparison of signatures - Signatures obtained in open Court which are on suit summons, vakalat and written statement would be later in point of time than the suit agreement of sale - Said signatures are not safe to take as specimen signatures for comparison with disputed..........
Evidence Act, 1872, Section 65B -- Electronic record - Petitioner intends to mark two photos as document along with compact disk - These two documents are electronic records and admissibility of said documents depends upon conditions to be satisfied as contemplated u/s 65-B of the Act - Admittedly, no such certificate has been produced before trial Court - Question of..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Allegation against wife that she fled from the house after stealing jewellery and other items has not been proved or substantiated by oral and documentary evidence adduced by husband - Even, the allegation that wife is living in adultery with younger brother of husband is also not proved - Monthly..........
Agreement to sell -- Refund of advance amount - Plaintiff pleaded for refund of advance amount of Rs.20,000, as paid to defendant - Though defendant pleaded that he had returned the amount of Rs.1000 but there is no evidence to that effect - Defendant directed to pay Rs.20,000 with 9% interest p.a from the date of execution of agreement till the date of repayment...........
