Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Court can recall a witness in order to clarify any issue or doubt either suo moto or at request of any party - There is no specific provision in CPC however, enabling parties to reopen evidence for purpose of further examination-in-chief or cross-examination...........
Evidence Act, 1872, Section 154 -- Hostile witness - Permission for cross-examination in terms of S.154 of the Act, cannot be granted at mere asking of party calling witness...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29 -- Recovery of 6.318 kg heroine - Joining of independent public witness - Not mere formality - It is vital safeguard to avoid false implication of individual...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Fatal accident of 5 years old girl - Incident occurred when petitioner was reversing his car and deceased came out of house to collect her ball and got injured by car - Distance between place where accident occurred was 10 steps from the place where vehicle was reversed - Evidence shows that vehicle..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused not arrayed as accused in charge sheet but were cited as witnesses - However, High Court while allowing application erroneously assumed that without following procedure u/s 306 Cr.P.C., accomplice cannot be cited as witness - More so, whether rejecting proposal of prosecution to cite..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 8 -- Murder - Motive - All material witnesses including eye witnesses not supported prosecution case - FSL report does not prove that fire arm injury to deceased was caused by country made pistol recovered from accused by police - Moreover, prosecution failed to prove that any..........
Will -- Execution - Proof - One of attesting witness admitted that he was not present at the time when Will was signed by testator and other attesting witness - Other attesting witness not examined - Execution of Will thus, not proved in accordance with law - Will ought not to have been admitted in evidence being not proved...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Factors for granting bail are: (i) nature of accusation and severity of punishment in case of conviction and nature of supporting evidence; (ii) reasonable apprehension of tampering with witness or apprehension of threat to complainant; (iii) prima facie satisfaction of Court in support of charge...........
Evidence Act, 1872, Section 3 -- Relative witness - Where presence of eye witness is proved to be natural and statement given by such witness is nothing but truthful disclosure of actual facts leading to occurrence, then such statement cannot be discarded...........
Criminal Procedure Code, 1973 -- Case instituted on police report and case instituted otherwise than on police report - Difference - In former case, there is no scope for prosecution to examine any witness at the stage where Magistrate is to consider whether a charge is to be framed or not - Whereas, in cases instituted otherwise than on police report, not only prosecution..........
