Criminal Procedure Code, 1973, Section 246, 245 -- Charge - Framing of - Magistrate can frame charge on the evidence of a single witness - Meaning of words `at any stage of case' explained...........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 7 -- Sample of milk taken by Food Inspector in presence of independent witness - Sample found deficient in milk fat - Independent witness given up by Food Inspector during trial being won over - Held, it will not vitiate the conviction...........
Will -- Execution - Proof - A Will to be valid should be attested by two or more witnesses in the manner provided by provision of S.68 Evidence Act & S.63 of Succession Act and the propounder thereof should examine one attesting witness to prove the Will - The attesting witness should speak not only about the testator's signature or affixing his mark to the Will but also..........
Will -- Execution - Proof - Attesting witness - PW2 examined did not state that testator signed the Will in his presence and stated that he did not know the nature of the document - Held, Will not proved...........
Evidence Act, 1872, Section 32 -- Dying declaration - Principles governing - (i) There is neither rule of law nor of prudence that dying declaration cannot be acted upon without corroboration; (ii) If the Court is satisfied that the dying declaration is true and voluntary it can base conviction on it, without corroboration; (iii) The Court has to scrutinize the dying..........
Evidence Act, 1872, Section 9 -- Identification of accused in Court - Much evidentiary value cannot be attached to the identification of the accused for the first time in Court where identifying witness is a total stranger who had just a fleeting glimpse of the person identified or who had no particular reason to remember the person concerned...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Trial - Prosecution case closed upon cross-examination of witness on behalf of complainant and at the stage of examination of accused u/s.313 Cr.P.C application filed by complainant for recalling PW1 in order to prove power of attorney on strength of which he filed complaint against accused - Trial..........
Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage on ground that marriage took place during subsistence of first marriage of wife - First husband not examined and also not shown that he had any reservation about his entering the witness box - Photographs of first marriage produced but there was no photograph of Phera ceremony - First marriage not proved -..........
Witness -- Inconsistencies - All inconsistencies in evidence cannot impeach the credit of the witnesses and hence reliability of its testimony - Only contradictory statements would so affect the witnesses credit...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Denial of relationship of landlord and tenant - Proof of rent deed - Stamp paper on which rent deed executed proved to be sold to some other person other than the tenant - Stamp paper sold consisted of three leaves but first leave not produced - Son of deceased deed writer appeared as a..........
