Criminal trial -- Minor discrepancies - Minor, trivial and inconsequential discrepancies do not affect the basic credibility of the witness and they do not come in the way of Court in accepting that evidence...........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Single eye witness - Evidence of PW 1 that deceased was first raped was rendered false by medical evidence - His further evidence that he was rendered immobilised because of attack on him by accused also not supported by any medical evidence - Unnatural conduct of PW 1 that he did not resist or ran or shout for..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Re-call of witness - Order 18 Rule 17 does not permit a party to re-examine any witness to fill up lacuna in his case - Only the requirement of Court that it may at any stage of a suit re-call any witness who has been examined and may put such question to him as Court thinks fit - Enables Court to clear any doubts which may..........
Indian Penal Code, 1860, Section 34, 201, 302 -- Appeal against conviction - Circumstantial evidence - No conclusive evidence of accused and deceased being last seen together - Statement of witnesses on point of extra judicial confession full of contradictions on material aspects - Witness to whom extra judicial confession made having no intimacy with accused as such there..........
Consumer Protection Act, 1986, Section 13, Civil Procedure Code, 1908 -- Cross-examination - Summoning of doctor for cross examination with reference to his affidavit filed in the complaint case as a witness of the complainant - Provisions contained in Order 19 Rule 2 of the CPC enables District Forum to order the attendance of the deponent for cross examination...........
Will -- Suspicious circumstances - Advocate one of the attestors of Will aware about serious illness of testator - No endorsement of doctor certifying that testator was in a fit mental condition to understand things - Ready made typed certificate below Will certifying that contents of Will were explained by him and deceased understood same - Signature of other attesting..........
Will -- Execution - Suspicious circumstances - No satisfactory explanation as to why testator did not specifically incorporated in Will his other properties - All properties which were self acquired properties of testator bequeathed to son to exclusion of his only daughter - No explanation for non examination of son as a witness - Relations of testator with son not cordial..........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Witness - Defendant as plaintiff's witness - Can be allowed - Partition suit - Plaintiff confident that evidence of defendant would be clinching on vital issues of partition - Application rejected on ground of physical condition of defendant and condemnability of practice in calling adverse party as witness - Improper - If..........
Civil Procedure Code, 1908, Order 3, Rule 1 -- Advocate as a witness - Where an Advocate accepts the brief on behalf of a party and conducts the case in a manner in which he knows that he is likely to be cited as a material witness, he cannot subsequently withdraw from the case and appear as a witness...........
Civil Procedure Code, 1908, Order 3, Rule 1 -- Power of attorney holder - Can appear as a witness only in his personal capacity and can state on oath whatever he has knowledge about the case but cannot appear as a witness on behalf of the party in the capacity of that party...........
