Indian Penal Code, 1860, Section 498A, 304B, 34, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 439 -- Bail - Dowry death - Petitioner father-i, law of deceased himself informed complainant about demise of deceased without any delay - No ante mortem injury on body of deceased - No possibility of petitioner influencing any witness since..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Summons procedure - Successor Magistrate - De novo trial - Evidence record under summons case procedure - Successor Magistrate has option to act on evidence recorded and if he feels further examination of any witnesses he may re-summon him for further..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Examination of witnesses by way of additional evidence at appellate stage cannot be allowed, as it would lead to denovo trial...........
Civil Procedure Code, 1908, Order 13, Rule 1(1) -- Production of document - Document sought to be produced during cross-examination of plaintiff - Provision contained in O.13.R.1(3) CPC would apply when witness of the party is being cross-examined and not when party i.e. plaintiff or defendant as the case may be is being cross examined - Moreover, said documents are not..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Examination-in-chief - Affidavit in lieu of - Irrelevant evidence - Held, Court cannot permit the party to lead an irrelevant evidence or evidence not related to issue even in affidavit filed by way of examination in chief in lieu of oral evidence - O.18.R.4 in has to be r/w O.18.R.2 which clearly provides that evidence has..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Until Court records compromise it has no validity - At the most, parties who resile from the alleged compromise, can be subjected to cross examination regarding such compromise...........
Criminal Procedure Code, 1973, Section 53, 54 -- Medical Examination of person suspected or accused of having committed an offence - Cannot be forcibly subjected to medical examination - If police officers use force for that purpose person aggrieved can lawfully exercise such right of private defence to resist such force...........
Civil Procedure Code, 1908, Order 19, Rule 1, 2 -- Affidavit - Proof of fact by affidavit - Permitted by Court - Court to allow cross examination of deponent when any party so desires...........
Civil Procedure Code, 1908, Order 41, Rule 23, Hindu Marriage Act, 1955, Section 13(1)(ib) -- Appellate Court - Failure to consider relevant material - Effect - Principal Judge failed to discuss evidence of wife including her cross-examination before holding that she had left matrimonial home without reasonable cause - Held, decision making process of appellate Court..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - In appropriate cases, a witness can be recalled for further examination/cross examination - Court is entitled to recall any witness in appropriate case...........
