Civil Procedure Code, 1908, Order 18, Rule 3-A -- Provision of O.18.R.3-A CPC is directory in nature - Permission of Court to appear as its own witness, can be sought, at a later stage which can be even when some of its witnesses are already examined...........
Evidence Act, 1872, Section 106 -- Scope - For applicability of the provision of S.106 Evidence Act, it is necessary for the prosecution to allege and substantiate that at the time of occurrence the accused was the only person with the deceased in the house - There was no one else and there is no eye witness, and there is not even a remote chance of some one getting to..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife in the house - Accused and deceased alone in the house at the time of occurrence - Held, undoubtedly when any fact is specially within the knowledge of any person, burden of proving that fact is upon him - But for applicability of this principle, husband must be the only person with the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Claimant not entering into the witness box - Due to head injury claimant not able to walk and stand - Claim petition cannot be rejected for this reason...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Plea that FIR not got registered by claimant or PW1 - FIR proved though not by its author - Finding of Tribunal not recorded on the basis of FIR but was decided on the basis of evidence of PW2 an eye witness - Factum of accident not disputed by appellant as it is his case that accident was due to rash and..........
Eye witness -- Large number of witnesses - There must be a string that should join the evidence of all the witnesses and thereby satisfying the test of consistency in evidence amongst all the witnesses...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Conditions to reverse the finding of acquittal are : (i) the presumption of innocence of the accused should be kept in mind; (ii) if two views of the matter are possible view favourable to the accused should be taken; (iii) the appellate court should take into account the fact that the trial judge had..........
Evidence Act, 1872, Section 118 -- Child witness - Aged 10 years - Case under Section 376 and 302 IPC - Neither tutored nor had any motive to state wrong fact - Stated to the investigation officer at the very first instance what she subsequently deposed in Court - Can be relied upon...........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. is not substantive evidence and can be utilized only to corroborate or contradict the witness vis-a-vis statement made in Court - It can be only utilized as a previous statement and nothing more...........
Independent witness -- Non examination - Now accepted without any hesitation that independent witnesses are never forthcoming and prosecution has to rely on close associates or relatives of the complainant party in order to support the prosecution story...........
