web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: Evidence Act 146 – Questions lawful in cross-examination

Madhuranatha and Anr Vs State of Karnataka on 28 Nov 2013

Posted on May 10, 2021 by ShadesOfKnife

The Division bench of Apex Court reduced Death penalty to Life imprisonment for 30 years without remission.

From Para 11,

11. Thus, a witness is normally considered to be independent unless he springs from sources which are likely to be tainted and this usually means that the said witness has cause to bear such enmity against the accused so as to implicate him falsely. In view of the above, there can be no prohibition to the effect that a policeman cannot be a witness or that his deposition cannot be relied upon if it inspires confidence.

Madhuranatha and Anr Vs State of Karnataka on 28 Nov 2013

Citations : [2013 AD SC 12 587], [2014 AIR SC 394], [2014 AJR 3 489], [2014 AKR 1 305], [2014 ALD CRL SC 1 699], [2014 ALLCC 84 329], [2013 JT SC 15 58], [2014 KARLJ 2 158], [2014 KCCR 2 985], [2014 NCC 1 346], [2013 SCALE 14 502], [2014 SCC 12 419], [2014 SCC CRI 6 765], [2013 SCC ONLINE SC 1048], [2014 AIC 133 87], [2014 ECRN 1 668], [2013 SUPREME 8 279], [2013 AIOL 784], [2013 CRIMES SC 4 571], [2013 AIR SC 6766], [2013 AIR SCW 6766], [2014 JCC SC 1 809], [2014 RCR CRIMINAL SC 1 203]

Other Sources :

https://indiankanoon.org/doc/176649597/

https://www.casemine.com/judgement/in/5609af33e4b0149711415ccf

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Evidence Act 138 - Right to cross-examination a witness tendered in evidence by opposite party Evidence Act 146 - Questions lawful in cross-examination Illegally Obtained Evidence Admissible As Long As Relevant to Case Inquest report is not a piece of substantive evidence Landmark Case Madhuranatha and Anr Vs State of Karnataka Reportable Judgement or Order | Leave a comment

Rajinder Pershad (Dead) By Lrs Vs Darshana Devi on 10 Aug 2001

Posted on May 9, 2021 by ShadesOfKnife

A Division bench of Apex Court held as follows,

In the absence of cross-examination of the postman on this crucial aspect his statement in the chief-examination has been rightly relied upon. There is an age old rule that if you dispute the correctness of the statement of a witness you must give him opportunity to explain his statement by drawing his attention to that part of it which is objected to as untrue, otherwise you can not impeach his credit. In State of U.P. v. Nahar Sing (dead) and Ors., [1998] 3 SCC 561, a Bench of this Court (to which 1 was a party) stated the principle that Section 138 of the Evidence Act confers a valuable right to cross-examination a witness tendered in evidence by opposite party. The scope of that provision is enlarged by Section 146 of the Evidence Act by permitting a witness to be questioned, inter alia, to test his veracity. It was observed.
“The oft-quoted observation of Lord Herschell, L.C. in Browne v. Dunn clearly elucidates the principle underlying those provisions. It reads thus:
“I cannot help saying, that it seems to me to be absolutely essential to the proper conduct of a cause, where it is intended to suggest that a witness is not speaking the truth on a particular point, to direct his attention to the fact by some questions put in cross-examination showing that that imputation is intended to be made and not to take his evidence and pass it by as a matter altogether unchallenged, and then, when it is impossible for him to explain, as perhaps he might have been able to do if such questions had been put to him, the circumstances which, it is suggested, indicate that the story he tells ought not to be believed, to argue that he is a witness unworthy of credit. My Lords, I have always understood that if you intend to impeach a witness, you are bound, whilst he is in the box, to give an opportunity of making any explanation which is open to him; and, as it seems to me, that is not only a rule of professional practice in the conduct of a case, but it is essential to fair play and fair dealing with witnesses.”

Rajinder Pershad (Dead) By Lrs Vs Darshana Devi on 10 Aug 2001

Citations : [2001 AIR SC 3042], [2001 SCALE 5 203], [2001 SUPREME 6 82], [2001 AIR SC 3207], [2001 SCC 7 69], [2002 UJ SC 1 89], [2001 DLT SC 93 1], [2001 UC 2 415], [2001 ALR 44 843], [2002 LW 1 69], [2001 AIR SCW 3042], [2001 JT SC 6 400]

Other Sources :

https://indiankanoon.org/doc/1624346/

https://www.casemine.com/judgement/in/5609ad98e4b0149711411cf1

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Evidence Act 138 - Order of Examinations Evidence Act 138 - Right to cross-examination a witness tendered in evidence by opposite party Evidence Act 146 - Questions lawful in cross-examination Landmark Case Rajinder Pershad (Dead) By Lrs Vs Darshana Devi | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • MS Knit Pro International Vs State of NCT Delhi and Anr on 20 May 2022 May 23, 2022
  • Prabha Tyagi Vs Kamlesh Devi on 12 May 2022 May 20, 2022
  • Doongar Singh and Ors Vs The State Of Rajasthan on 28 Nov 2017 May 20, 2022
  • Anurag Saxena Vs Union of India on 17 May 2022 May 19, 2022
  • Sumer Singh Salkan Vs Asstt Director and Ors on 11 Aug 2010 May 15, 2022

Most Read Posts

  • Lifecycle Stages of a Maintenance Case under 125 CrPC (3,472 views)
  • Arunkumar N Chaturvedi Vs The State of Maharashtra and Anr on 24 Dec 2013 (2,694 views)
  • Neha Vs Vibhor Garg on 12 Nov 2021 (1,893 views)
  • Bhagyashri Jagdish Jaiswal Vs Jagdish Sajjanlala Jaiswal and Anr on 26 Feb 2022 (1,108 views)
  • Jagdish Shrivastava Vs State of Maharashtra on 11 Mar 2022 (1,000 views)
  • Deepak Sharma Vs State of Haryana on 12 Jan 2022 (668 views)
  • NBW Judgments (620 views)
  • Life Cycles of Various case types (560 views)
  • Busarapu Satya Yesu Babu Vs State of AP and Sake Roja on 05 Nov 2021 (517 views)
  • Rajendra Bhagat Vs State of Jharkhand on 03 Jan 2022 (513 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (299)Reportable Judgement or Order (285)Landmark Case (282)Work-In-Progress Article (213)2-Judge (Division) Bench Decision (206)Catena of Landmark Judgments (184)1-Judge Bench Decision (100)Sandeep Pamarati (85)3-Judge (Full) Bench Decision (70)Article 21 - Protection of life and personal liberty (70)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (50)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Perjury Under 340 CrPC (48)Summary Post (46)CrPC 482 - Quash (37)Recommended Guidelines or Directions (33)Advocate Antics (33)Rules of the Act/Ordinance/Notification/Circular (32)IPC 498a - Not Made Out (32)PWDV Act 20 - Maintenance Granted (31)

Categories

Supreme Court of India Judgment or Order or Notification (588)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (292)High Court of Andhra Pradesh Judgment or Order or Notification (151)High Court of Delhi Judgment or Order or Notification (103)High Court of Bombay Judgment or Order or Notification (86)High Court of Karnataka Judgment or Order or Notification (55)General Study Material (55)High Court of Madras Judgment or Order or Notification (47)LLB Study Material (46)Prakasam DV Cases (46)Assorted Court Judgments or Orders or Notifications (45)Judicial Activism (for Public Benefit) (38)High Court of Punjab & Haryana Judgment or Order or Notification (38)High Court of Allahabad Judgment or Order or Notification (34)District or Sessions or Magistrate Court Judgment or Order or Notification (32)High Court of Kerala Judgment or Order or Notification (25)High Court of Madhya Pradesh Judgment or Order or Notification (24)High Court of Gujarat Judgment or Order or Notification (24)High Court of Calcutta Judgment or Order or Notification (17)High Court of Patna Judgment or Order or Notification (14)

Recent Comments

  • ShadesOfKnife on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • muralidhar Rao Sirangi on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • ShadesOfKnife on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • anuj on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • May 2022 (10)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (36)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • Cloudflare Workers Analytics Issues May 23, 2022
    May 23, 21:51 UTCInvestigating - Some customers might experience errors accessing Cloudflare Workers Analytics data in the Cloudflare dashboard and APIs.
  • Network Performance Issues in the Czech Republic May 23, 2022
    May 23, 17:24 UTCResolved - This incident has been resolved.May 23, 15:57 UTCIdentified - The issue has been identified and a fix is being implemented.May 23, 15:54 UTCInvestigating - Cloudflare is investigating issues with network performance in the Czech Republic. We are working to analyze and mitigate this problem. More updates to follow shortly.
  • Cloudflare Community Maintenance May 23, 2022
    May 23, 15:00 UTCCompleted - The scheduled maintenance has been completed.May 23, 13:00 UTCIn progress - Scheduled maintenance is currently in progress. We will provide updates as necessary.May 19, 21:24 UTCScheduled - Our vendor will be conducting a planned maintenance on the Cloudflare Community site (https://community.cloudflare.com).The Community may observe a short (1 - 2 minutes) […]

RSS List of Spam Server IPs from Project Honeypot

  • 103.243.242.25 | SD May 22, 2022
    Event: Bad Event | Total: 1,224 | First: 2021-07-31 | Last: 2022-05-22
  • 106.13.128.148 | S May 22, 2022
    Event: Bad Event | Total: 8 | First: 2022-05-22 | Last: 2022-05-22
  • 192.3.198.24 | S May 22, 2022
    Event: Bad Event | Total: 21 | First: 2022-04-03 | Last: 2022-05-22
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 598 access attempts in the last 7 days.

pixel