Indian Penal Code, 1860, Section 279, 338 -- Accident - Collusion between bus and car - Offending bus driven by accused struck against car - Car was badly damaged and all three occupants including complainant were seriously injured - However, actual negligence has been imputed to complainant himself by PW4, who was neither declared hostile nor re-examined after he made..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pleading that cheque was issued in April, 2013 - However, in cross examination it was stated that cheque was issued in the month of October, 2013 - Accused admitted his signatures on cheque - Held, statement of complainant qua issuance of cheque relates to insignificant aspect of the case...........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Closure of plaintiffs evidence without deciding application U.O.11.Rr.12, 14 CPC is clearly erroneous - Moreover, closing of evidence has a completely disproportionate consequence of plaintiffs evidence not being led with right of plaintiffs to their property being severely jeopardized -..........
Indian Penal Code, 1860, Section 302, 34, 201, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of watch - Confession - Watch in question belonged to PW12 which was with deceased when he left home - Owner of shop/PW4 stated that accused gave a watch for repairing - He was shown receipt given to accused which was seized from custody of accused -..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Testimony of prosecutrix - Prosecutrix stated that accused took her away at his house and then raped her when she cried then her mouth was forcibly shut down and that on the date she was wearing school uniform - When her father took her home at that time she was bleeding from private part - Testimony of prosecutrix intact..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to divorce petition - Facts sought by way of amendment by husband cannot be said to be not within his knowledge at the time of filing of written statement - Cross-examination is already commenced - Application for amendment is filed mainly to delay disposal of divorce suit - Rejection of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Tenant by way of amendment wanted to raise two preliminary objections - One of preliminary objection was that defendant no.2 has not pleaded about her not owing any premise in same urban area - However, since tenant had already mentioned about her ownership of premises..........
Evidence Act, 1872, Section 138 -- Cross-examination - Cross-examination after re-examination - Once purpose of re-examination was already before Court and despite that re-examination was permitted and witness has not said anything beyond that, permission sought by petitioner seeking to cross-examine witness after said statement has no basis - As regarding plea sought to..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Husband alleged in his petition that he was driven out from quarters by his father-in-law and brother-in-law - However, no such allegation was made by husband in his cross-examination - Evidence of witnesses of husband is inconsistent and contradictory to each other - Wife on the other hand stated..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Rebuttal - Plea of false assertions raised in reply to the notice - Assertion raised in reply to the notice admitted to be correct by complainant in his cross examination - Held, complaint and sworn statement are unsubstantiated - Accused acquitted...........
