Evidence Act, 1872, Section 137 -- Cross-examination treated as `NIL' - Affidavit of examination-in-chief of witness stated was provided to opponent two days earlier but the same is not acceptable as affidavit was attested on the same day itself - Grave prejudice would be caused to defendant in case an opportunity to cross examine the witness of the opponent is not granted..........
Wakf Act, 1995, Section 6, 7, 83, 85 -- Wakf property - Eviction suit before Wakf Tribunal - Tenant disputed that property in question is not Wakf property - In such circumstance Wakf Tribunal had jurisdiction to determine the issue framed in the suit as to whether suit property is Wakf property or not - Tribunal rightly relied upon evidence on record and had arrived at..........
Evidence Act, 1872, Section 45, Constitution of India, 1950, Article 20(3) -- Voice Sample - To compare with disputed voice - Direction to accused to provide his specimen voice sample for comparison is not the testimonial compulsion u/art 20(3) of Constitution - Accused can be directed to give voice sample for comparison with disputed voice to reach to right conclusion in..........
Evidence Act, 1872, Section 112 -- DNA test - Birth during marriage is conclusive proof of legitimacy, therefore bars DNA testing - But when blood relation of siblings is being challenged, there shall be no bar u/s 112 of the Act...........
Evidence Act, 1872, Section 112 -- DNA test - Dispute as to inheritance of Hindu Undivided Family property - Brother denied the fact that defendant is his sister - Said fact can very well be decided by carrying out DNA test - Application for carrying out DNA test rightly allowed...........
Evidence Act, 1872, Section 108 -- Heirship certificate - Father of petitioner not known for the last more than 30 years - FIR not lodged - Family expected that he would come back after some time, having regard to the previous conduct of father - Family cannot be blamed for having not lodged FIR - If family cannot be found fault with having not lodged FIR, denial of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court scrutinized material as trial Court does after evidence is adduced - High Court exceeded well settled limits in exercise of jurisdiction u/s 482 Cr.P.C. - Order quashing FIR set aside...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Eviction petition - Written statement - Not filed within statutory period of 90 days - Landlord yet to lead evidence - Defendant shall suffer irreparable loss and manifest injustice, in case he is not permitted to file written statement and his defence is struck of - Written statement allowed to be taken on record and an..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Object of appointment of a Local Commissioner in software piracy matters is not, as much to collect evidence but to perverse and protect the infringing evidence and strict proof is not required to be given at initial stage...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-appearance of complainant - Accused acquitted - Complainant could not appear before trial Court on relevant dates due to heart ailment as he was treated in Hospital - He submitted an affidavit u/s 200 Cr.P.C and other documents on record in support of his complaint before said illness - Amount of..........
