Criminal Procedure Code, 1973, Section 311 -- Recalling of PWs for further cross-examination - Rape case - PWs cross-examined in length and detail - They are thus, duly examined - Compromise was already in effect and in knowledge of accused - Recalling PWs already duly examined is nothing but an effort to delay the entire trial and to fill up lacuna which cannot be..........
Will -- Scribe - No need to examine scribe of Will - Only legal requirement is examination of one attesting witness...........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Circumstantial evidence - Recovery of weapon of offence - I.O seized the weapon of offence from the spot - Though as per evidences of PW4 and other witnesses, same was found with blood stained but upon forensic examination of same, no blood stain was found from weapon - It is not the case of prosecution..........
Evidence Act, 1872, Section 137 -- Cross examination - Cross examination is mandatory in order to accept statement of a witness given in examination-in-chief - Without cross examination, statement of witness tendered in examination-in-chief carries no weight and cannot be accepted at all...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 8, Evidence Act, 1872, Section 137 -- Petition u/s 23 of Senior Citizen Act - Summary procedure - Cross examination of witnesses - Right of cross examination of a witness cannot be taken away even in summary proceedings when Tribunal/Court decides to summon the witnesses or allows a party to..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 8, Evidence Act, 1872, Section 137 -- Petition u/s 23 of Senior Citizen Act - Summary procedure - Cross examination of witnesses - In the instant case, Tribunal allowed the parties to summon witnesses - Tribunal after recording examination-in-chief of witnesses did not allow their cross..........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - PW1 stated that victim and her husband/PW2, attendants of obscene words in public street was made to humiliate in public place and words so uttered have been spoken to by PW1 - Obscene words spoken by accused in public place stands unchallenged in cross-examination and suggestive case of defence is not..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Evidence of PW1, PW2 and PW3 reflects that there was consistent torture inflicted by accused with lathi, broom sticks etc - Marks of violence on different parts of body of deceased were shown to her brothers - Evidence on record also shows that Rs.20,000 was given by way of cash at the time of marriage and further pressure..........
Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty upon husband - Husband specifically deposed that right from first date of marriage there has been a sustained course of strange, indifferent and abnormal behavior, humiliating treatment and reprehensible conduct on part of wife and on account of this, he was convinced that it was impossible for him to continue with..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband and wife are living apart since 2011 - Various acts of cruelty both physical and mental as well as harassment meted out to husband have been spoken to in detail by husband - Nothing tangible has been brought out in cross-examination to discredit his testimony - Regular..........
