Showing : 1-10 of 81 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of complainant at appellate stage - Change of counsel in appeal by accused who felt that some more questions ought to have asked during cross examination of complainant - Not justified to recall complainant during course of appeal, more particularly when earlier counsel duly..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311, 391-- Recall of witness - Mere mentioning of the fact that accused was not medically fit in his statement u/s 313 Cr.P.C., does not affect his right to lead additional defence evidence...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311, 391, Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Additional evidence at appellate stage - On the ground that he was not medically fit during period cheque was issued - Application u/s 311 Cr.P.C. cannot be allowed for recalling of complainant and to put him medical record, which accused can otherwise produce by way of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness for cross-examination - Concept of cross-examination is a part of fair trial and its denial will gravely affect the rights of prosecution as well as accused - If a witness is not cross-examined, then his evidence cannot be used in evidence against opponent...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness for cross-examination - Proceedings u/s 125 Cr.P.C - Wife failed to appear in witness box to face cross-examination - If she is not cross-examined, her evidence shall not be considered - Presiding officer and counsel for petitioner failed to construe that cross-examination is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Rape - Prosecutrix and her family resiled from their complaint on account of compromise with parents of accused for marriage of accused with prosecutrix - After release of accused on bail, accused did not turn up for wedding when all arrangements were made - To ensure fair..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recall of witnesses - At the instance of prosecutrix and not public prosecutor - Public prosecutor did not raise any objection to the maintainability of application filed by prosecutrix - Court not bound by technicalities to ensure fair trial and to elicit the truth - Technicalities should not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witnesses - An application u/s 311 of the Code may be allowed at any stage of trial, if Court is of opinion that examination of any such person appears to be essential to the just decision of the case...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witnesses - There is no limit on discretion of Court to recall and re-examine witness, even if the witness who deposed one way before the Court now wants to depose and is prepared to give evidence which is clearly different from what had been stated earlier...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recall - of prosecution witnesses - Dismissal of application - Application moved by petitioners after an inordinate delay without mentioning any ground or relevancy of evidence - Allowing application for recalling of prosecution witnesses at such belated stage when evidence of all prosecution..........

Showing : 1-10 of 81 Results