Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a PW1 for further cross-examination - Petitioner cross-examine PW1 on three separate occasions and she had a counsel at that point of time, who participated in cross-examination and such cross-examination was done in her presence - It is also not denied by petitioner that till date she had avoided going into..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Extra marital affair of husband with his bhabi - Written statement and cross examination of wife do not support this observation - Making this as ground of mental cruelty is erroneous - Order dissolving marriage set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Title to property can only be incidentally gone into in a suit for injunction and a detailed examination on question of title is normally not undertaken in a suit for injunction, more particularly in an application for temporary injunction - Since both the Courts have concurrently found plaintiffs..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 392, 34 -- Test Identification Parade (TIP) - Murder and robbery - When accused have not disputed their identity in cross-examination of PW9 and PW1, it is thus, too late for them to allege now that no TIP was conducted...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by burning - 99% burn injuries - Accused neither present at the time when dead body was identified nor present at the time of post mortem examination - Death occurred in the house of accused and they have to explain circumstances which were within their specific knowledge u/s 106 of Evidence Act -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Examination of power of attorney as witness - It is not essential that complainant himself to be examined to prove a case u/s 138 of the Act - However, power of attorney who is examined as a witness in place of complainant, should have witness issuance of cheque and money..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Mere fact that accused changed his counsel who felt that some more questions ought to have been asked during cross-examination of witness would not justify recalling of witness...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW1 for re-examination - Plaintiff case is that in order to prove that her vendor was in absolute possession of suit property and after the purchase by her she is in possession, certain additional documents are required to be marked - Application not filed to fill up lacuna in the plaint - Plaintiff..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Sought on the ground of illness - Petitioner is suffering from serious ill-health i.e cancer - However, in a civil suit, petitioner is not required to appear before Court on every date of adjournment and even if petitioner is suffering with such serious illness, she can seek for appointment of Advocate..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 342 -- -Penetrative sexual assault - When version of victim and her mother with regard to penetrative sexual assault receives corroboration from medical evidence, no, examination of independent witness, if any does not affect credibility of prosecution case...........