Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witness - Proposed evidence would not throw light on the principal issue at dispute as it is only to shake the credibility of witnesses with reference to presence or absence of another person at the time of transaction - Proposed evidence is immaterial and inconsequential to decide the issue - Application..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Recovery memo did not bear the signature of accused - Private person had joined the police party and also signed the recovery memo but he was not made a witness by prosecution for the reason best known to it - More so, FIR no. has been mentioned on the recovery memo which puts a serious dent..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Commencement of trial - Trial commences only when first witness enters the witness box and confirms the contents and signature etc. in its evidence in affidavit...........
Transfer of Property Act, 1882, Section 63(c) -- Redemption of mortgage - Improvements made by mortgagee - Evidence in the form of receipt about amounts spent by mortgagee produced on record - However, no evidence produced by mortgagee to prove the said receipt - Amount spent on development of suit property is stated to be Rs.75,000 - For want of specific evidence, both..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Notional income of deceased - Deceased was working as a mechanic and had three dependents to be cared for - Since he was skilled person, daily income at Rs.200 per day in any event could have been taken even if income from jeep transport business was discarded for want of documents - More so, MACT referred..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Criminal Procedure Code, 1973, Section 439 -- Bail - Filing of charge sheet without chemical examination report - Chemical Examination Report is most vital piece of evidence which is required to be made part of charge sheet - Mere statement of filing of a supplementary charge sheet upon obtaining Chemical..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for recovery of possession - Defendant contended that suit for possession of property should be filed within 12 years - However, there is no plea of adverse possession at all raised by defendant - It is incumbent on the part of defendant to plead when possession started becoming adverse - On the contrary defendant..........
Evidence Act, 1872, Section 3 -- Evidence - Any omission on the part of I.O cannot go against prosecution case if it is otherwise supported by reliable and credible evidence...........
Evidence Act, 1872, Section 45 -- Expert opinion - Disputed signatures - FSL report/expert report with regard to signatures is not a direct evidence - FSL report must be backed by some other evidence...........
Evidence Act, 1872, Section 45 -- Expert opinion - Disputed signatures - Specific allegation made by complainant that Ikrarnama is bearing forged signatures of deceased - Disputed signatures of deceased along with specimen signatures were thereafter procured by investigating agency and were sent for FSL report - Once FSL report already produced by I.O., trial Court ought..........
