Delhi Law Times Crl (DLT Crl) Weekly II (2014) DLT (Crl.) 788 (DB) EVIDENCE — Child witness — Evidentiary value — Evidence of a child witness is not required to be rejected per se; but Court as a rule of prudence considers such evidence with close scrutiny and only on being convinced about quality thereof and reliability can record conviction, based thereon. II (2014) DLT (Crl.) 960 CRUELTY — Abetment to suicide — If husband persistently suspects character of his wife and subjects her to physical violence on account of such suspicion, creates a situation which leaves wife with no option but to bring her continuous mental and physical torture to an end by taking her own life, in such circumstances, he would be guilty of causing physical cruelty within meaning of Section 498A of IPC. II (2014) DLT (Crl.) 907 (DB) EVIDENCE — Circumstantial Evidence — For proving any case on the basis of circumstantial evidence, all links must form complete chain without leaving any gap which unerringly points out guilt of accused to exclusion of plea of his innocence. II (2014) DLT (Crl.) 933 (DB) — — Police Officer — Evidentiary value of testimony — No rule of law which lays down that no conviction can be recorded on testimony of police officer even if such evidence is otherwise reliable and trustworthy. II (2014) DLT (Crl.) 960 FRAMING OF CHARGE — Mere omission or defect in framing the charge does not disable the criminal Court from convicting the accused for the offences which is found to have been proved, on the basis of evidence on record. 210 (2014) DLT 13 (CN) BLACKLISTING — Blacklisting of any entity has civil consequences for its future business — It is an elementary principles of natural justice, even if rules do not expressly provide that parties affected by such order should be given right to make representation and right to be heard. 210 (2014) DLT 11 (CN) CIVIL PROCEDURE CODE, 1908 — Section 21 — Territorial Jurisdiction — Issues of pecuniary and territorial jurisdiction of Courts are such rights which can be waived and this is specifically provided under Section 21, CPC. 210 (2014) DLT 375 EVIDENCE — ‘Proved’ — Merely because evidence is led by party in case, it is not necessary that Courts have to necessarily believe evidence — There is difference between evidence which is led and weight to be attached to evidence by Court. 210 (2014) DLT 393 (DB) SUCCESSION — Deemed Partition — In the case of death of male relative, without female class I heir, no question of deemed partition arises — Mere death of a family member does not lead to division of coparcenary interest, but rather revision of it amongst remaining coparceners. 210 (2014) DLT 421 TRADE MARK — Infringement of — Basic ingredients to be established by plaintiff, viz., prima facie case, balance of convenience, irreparable loss and injury. 210 (2014) DLT 470 (DB) JUDICIAL PRECEDENT — Ratio of one case cannot be mechanically applied to another case without regard to factual situation and circumstances of two cases. 210 (2014) DLT 470 (DB) SERVICE LAW — Voluntary Retirement Scheme — Employee after taking VRS, cannot raise claim unless by reason of statute he is entitled thereto. II (2014) DLT (Crl.) 358 (DB) EYE-WITNESS — Minor contradiction or inconsistencies in statement of eye-witness, cannot be a ground to refuse his entire evidence. II (2014) DLT (Crl.) 358 (DB) HOSTILE WITNESS — To ensure that criminal justice does not suffer because of witnesses turning hostile so frequently in criminal trial, Courts must critically analyse testimony of such hostile witness and then see as to what extent and how far it supports prosecution case. II (2014) DLT (Crl.) 546 CORRUPTION — Illegal Gratification — Demand and acceptance — Demand of money for submission of favourable report for issue of Caste Certificate would constitute an attempt to obtain illegal gratification as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions. II (2014) DLT (Crl.) 563 COUNTERFEIT CURRENCY — Possession of — Ingredients — There must be conscious possession established by prosecution qua appellants before conviction under Section 489-C of IPC can be sustained against them — This conscious possession has to be established from oral testimony of witnesses as also documentary evidence which is adduced. II (2014) DLT (Crl.) 552 EVIDENCE — Injured Witness — Evidentiary value — If testimony of injured is trustworthy, categorical, free of bias and if there is nothing on record to suggest that injured has any motive to falsely implicate accused and allow his real assailants go scot-free, conviction can be based on sole testimony of injured. II (2014) DLT (Crl.) 530 SANCTION FOR PROSECUTION — No finding of guilt would be reversed only on ground of any error or irregularity in sanction order unless Court is of the view that there was failure of justice — Mere failure to mention correct provisions cannot lead to invalidity of order. II (2014) DLT (Crl.) 580 FERA — Retracted Confession — Evidentiary value — Retracted statement under Section 40, FERA, cannot form sole basis for determining whether maker of such statement is guilty of contravening any of the provisions of FERA. II (2014) CLT 354 (SC) SUIT TO INCLUDE WHOLE CLAIM — Principle that emerges is no one ought to be vexed twice for same cause — Order 2 Rule 2 bars plaintiff from omitting one part of claim and raising same in subsequent suit — Courts in order to examine whether suit is barred by Order 2 Rule 2, CPC must examine cause of action pleaded by plaintiff in his plaints filed in relevant suits. II (2014) CLT 419 COURT FEES — Valuation of suit would be on market value of subject matter of sale and not on sale consideration shown in instrument. II (2014) CLT 511 CUSTODY OF MINOR DAUGHTER — Merely on ground that respondent-mother has remarried, appellant-father cannot claim right of custody relying on the provision under Section 352 of Mohammedan Law. II (2014) CLT 578 DETERMINATION OF AGE OF SIGNATURE ON DOCUMENT — If there was a gap of 10 years between date of manufacture of ink or pen, date on which signature put or document was written, document cannot be said to be executed or signed on date of manufacture of ink or pen. II (2014) CLT 488 EXECUTION OF DECREE — Section 47, CPC does not permit petitioners to raise objection regarding alleged ownership of suit property by somebody not party to litigation. Current Criminal Reports (CCR) II (2014) CCR 18 DISHONOUR OF CHEQUE — Quashing of proceedings — Endorsee of cheque cannot be prosecuted for offence under Section 138 of N.I. Act, but only drawer of cheque. II (2014) CCR 268 (DB) EVIDENCE — Child witness — Evidentiary value — Evidence of a child witness is not required to be rejected per se; but Court as a rule of prudence considers such evidence with close scrutiny and only on being convinced about quality thereof and reliability can record conviction, based thereon. II (2014) CCR 123 (DB) — — Eye-witness — Minor contradiction or inconsistencies in statement of eye-witness, cannot be a ground to refuse his entire evidence. II (2014) CCR 100 (DB) — — Tracker Dog — Evidence of tracker dog is not substantive piece of evidence — In absence of proof of dog barking at accused as well as proof of article given to dog for sniffing, no reliance can be placed on evidence of dog tracking. II (2014) CCR 21 EVIDENCE ACT, 1872 — Section 165 — Section 165 of Evidence Act cannot be held to be overriding fundamental right against self- incrimination available to accused under Article 20(3) of Constitution so as to empower the Court to direct accused to produce any document. II (2014) CCR 123 (DB) HOSTILE WITNESS — To ensure that criminal justice does not suffer because of witnesses turning hostile so frequently in criminal trial, Courts must critically analyse testimony of such hostile witness and then see as to what extent and how far it supports prosecution case. II (2014) CCR 46 INDIAN PENAL CODE, 1860 — Sections 406, 420 — Criminal Breach of Trust — Cheating — “Initial deception” and “dishonest misappropriation” — Sine qua non for offences of cheating and criminal breach of trust respectively. II (2014) CCR 38 SANCTION FOR PROSECUTION — Officer granting sanction is not required to indicate that he has personally scrutinized file for arriving at a satisfaction for granting sanction — There is also no prescribed format for grant of sanction.
Posted on: Fri, 04 Jul 2014 04:21:09 +0000
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