Criminal Procedure Code, 1973, Section 319 -- Summoning of a person as additional accused - Examination in chief of complainant recorded, which in essence was repetition of allegations levelled in FIR - Without testing the complainant on the anvil of cross examination, court summoned a person as accused to stand trial on the basis of examination in chief of the complainant..........
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Section , Order 18, Rule 4 -- Examination of summoned witness - Suit for permanent injunction dismissed by Lower Appellate Court by ignoring evidence of plaintiff as well as defendants recorded in examination-in-chief by way of affidavits - Judgment and decree of Lower Appellate Court set aside -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 18, Rule 4(1) -- Pleadings - Amendment - Commencement of trial - Filing of an affidavit in lieu of examination in chief of the witness amounts to commencement of trial...........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 15 -- Confession - Recording of - Guidelines : (1) The confession should be recorded in a free atmosphere in the same language in which the person is examined and as narrated by him; (2) The person from whom a confession has been recorded under Section 15(1) of the Act, should be produced before the Chief..........
Witness -- Inconsistent statements in examination-in-chief and cross-examination - Testimony cannot be relied to base conviction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Amount claimed in notice double the amount of cheque - However, in complaint cheque amount mentioned - Cheque amount shown in affidavit sworn by him as his evidence in examination-in-chief - Discrepancy of amount in notice does not disentitle the complainant to claim the amount of cheque...........
Criminal Procedure Code, 1973, Section 231(2), Evidence Act, 1872, Section 137, 138, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Prosecution under NDPS Act - Cross examination of a prosecution witness cannot be deferred till recording of examination-in-chief of other prosecution witnesses - It is both irregular and inconvenient...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Evidence on affidavit - Summoning of deponent to be examined towards examination-in-chief - No ground whatsoever disclosed - Held, Court is not bound to summon the witness on a mere application...........
Civil Procedure Code, 1908, Order 18, Rule 4, 1, 2 -- Affidavit of examination-in-chief - Affidavit of examination-in-chief of defendant to be taken from the defendant after cross-examination of the plaintiffs and his witnesses is complete...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Parties directed to file affidavits of examination-in-chief - Thereafter defendant sought permission to file additional affidavit of examination-in-chief - Additional affidavit of examination-in-chief amounts to further examination-in-chief of the witness - Such further examination-in-chief..........