Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- Dishonour of cheque - Sending cheque to FSL - Case in question remained pending before trial Court for a period of about 5 years and appeal is also pending for more than one year - No efforts were made by petitioner to lead such an evidence during this period - When..........
Evidence Act, 1872, Section 74(2) -- Public document - Certified copy of a registered document would be deemed to be considered as public document u/s 74(2) of the Act r/w S.57(5) of Registration Act and it would be admissible in evidence...........
Evidence Act, 1872, Section 74(2) -- Public document - Certified copy of sale deed can be produced in proof of contents of public document or part of public document which purports to be a copy and can be produced as secondary evidence of public document without laying any foundation - It will only prove contents of original document and not be a proof of execution of..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibiting a document - Merely marking a document exhibit does not mean it has become an admissible piece of evidence - An objection to its admissibility does not get excluded when document is marked as exhibit...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Petitioner has been incarcerated for a period of more than four years - Complainant's evidence has also been recorded - Application for bail is pending before High Court for a long time - High Court adjourned the matter on 27 occasions - In the matters of personal liberty, High Courts are not expected to keep..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Neither prosecution has brought forth any evidence that petitioner was driving the vehicle nor any material has been taken on record regarding same - Even, there is no whisper in this regard in evidence of witnesses - No further evidence is brought on record to substantiate charge or to bring home..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 216, 482 -- Abetment of suicide - Quashing of order of alteration/addition of charge from S.498-A IPC to 498-A, 306 IPC - No averment in complaint or evidence of PW1 to PW3 showed that petitioner played active role in either instigating or intentionally aiding deceased to commit suicide - Order of..........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - Alteration or addition of charge must be for offence that is made out by evidence recorded during trial...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff closed his evidence in affirmative without reserving his right to lead evidence in rebuttal - Onus of some of issues is on defendant - Plaintiff is not entitled to lead evidence in rebuttal...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Nature of circumstantial evidence available against appellant though raises doubt that he may have committed murder but same is not so conclusive that he can be convicted on the evidence of `last seen together' - Appellant acquitted...........
