Civil Procedure Code, 1908, Section 151, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Examination of husband through video conferencing - Husband is residing at Singapore - It is not possible for husband to travel to India for his examination, keeping in view of second surge of COVID-19 Pandemic - Stringent travel restrictions are in place - Both the parties..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Application by husband to refer both the parties for medical examination for purpose of proving whether marriage was consummated or not - Wife had not sought any declaration seeking dissolution of marriage on the ground of impotency of husband - Marriage between parties conducted nearly about 6 years back and after such a..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Courts are empowered to exercise discretion u/s 311 Cr.P.C where there are strong and valid reasons to conclude that re-examination or new evidence is needed for just decision of case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of I.O and complainant for further cross-examination - Offence u/ss 452, 324, 323 IPC - Application sought on the ground that certain new facts came to light in deposition of father of accused - However, said new facts are related to incident independent to present one - There is no co-relation between two incidents -..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 376D -- Sexual assault - For non-examination of neighbor who informed about kidnapping of prosecutrix, testimony of prosecutrix cannot be disbelieved, particularly when testimony of prosecutrix is corroborated by medical evidence...........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 376D -- Sexual assault - Prosecutrix is consistent that both of accused had lifted her from her house and both were present at the time of occurrence of rape - Accused `N' cannot be absolved of his criminal liability as an abettor - Testimony of prosecutrix is corroborated by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Accused seeking permission to examine herself as his own witness - Case is posted for judgment - Accused sought an opportunity to examine herself and to prove the fact that four cheques were lost and she had to mark `stop payments' instructions to bank - Since..........
Suits and execution proceedings -- All Courts dealing with suits and execution proceedings shall mandatorily follow directions viz: (i) In suits relating to delivery of possession, Court must examine parties to suit U.O.10 CPC in relation to third party interest and further exercise the power U.O.11.R.14 CPC asking parties to disclose and produce documents, upon oath,..........
Evidence Act, 1872, Section 137 -- DW-9 - Cross examination by plaintiff or co-defendant first - Co-defendant contesting claim of plaintiff - In such a case it is plaintiff who is to first cross examine DW9 and then co-defendant contesting the claim of plaintiff to cross examine the witness...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Medical ground - Petitioner sought transfer of two criminal cases from West Bengal to New Delhi - However, after examination of 32 witnesses, it will not be in the interest of justice to order transfer - Co-accused in first case cannot ask to travel Delhi and expect to defend case effectively - Transfer..........
