first appellate Court of its own
accord, picked and chose a stray sentence in the cross-examination of P.W.1 and
simply reversed ... come across that the first appellate Court mainly relied upon the stray sentence
of P.W.1 in his cross-examination, which the first appellate
defendants is concerned, she
submits that it is a stray sentence in the cross-
examination. In this regard, she relies on the decision ... inadvertent error
or statement made unintentionally-Would be a stray
sentence and has no value-before drawing any
inference, whole evidence must be scrutinized.
Held
Court, the Public Prosecutor could elicit nothing. Relying on a stray
sentence in the examination-in-chief of Domathoti Rajeswari (P.W.4) and
Domathoti ... other circumstances are proved, but the Sessions Court based on one
stray sentence in the examination-in-chief of Domathoti Rajeswari
prove the relationship with defendants.
Both the Courts only on some stray sentence, calling it
12
as admission, decreed the suit, which is not tenable ... pleadings and the other evidence available on
record. One stray sentence cannot be picked up
for holding against the plaintiff in property matter
that learned counsel for the defendant merely
placing reliance on the stray sentence in the course of
cross-examination of PW-1 has submitted that ... bare denial of plaint averments. Further, PW-1 in a
stray sentence has admitted that the said amount was
lent about 8 years back
admitting his signature in Ex.D-1 and it is stray
sentence, it cannot be considered as admission. The
22
OS.No. 4504/2014
counsel ... signature. Therefore, he has
argued that PW.1 admission is stray sentence,
cannot be looked into.
14(c). The counsel further submits that earlier suit
Indian Medical Association vs Union Of India & Ors on 12 May, 2011
Equivalent citations
Board and the DCC.”
19. It is clear that a stray sentence in a judgment without a
focused argument cannot be considered as the ratio ... Drugs Act can be exercised,
and merely reading a stray sentence in this judgment does not
lead to such a conclusion. Equally, the single Judge
accused in asking you not to be led by stray words, stray expressions, stray idioms in his writing. Give all the weight that he asks ... impressions produced on your minds after reading not a stray sentence here, not a stray sentence there, but after reading the whole of the articles
this Court in SMT PARAMESHWARI BAI v. MUTHOJIRAO SCINDIA , , that stray sentences elicited in cross-examination can hardly be construed as an admission, has contended ... entire evidence of R.W.1 and placing reliance on a stray sentence in the evidence of RW-1 would be against the principle
