Showing : 41-50 of 90 Results

BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of witness - Application can also be filed at the instance of a party - However, Court will have to exercise discretion in the facts and circumstances of each cases...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 18, Rule 17, Evidence Act, 1872, Section 65B-- Recall of witness - Production of email message - Email message by itself cannot be taken on record unless certificate is obtained as contemplated u/s 65-B of Evidence Act - Held, petitioner is at liberty to recall concerned parties including plaintiff as his witnesses, if he so desires in case..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recalling of witness - Defendant in his written statement nowhere pleaded that his signatures had been taken on blank paper which later on converted into impugned agreement - Agreement purports to bear thumb impression and not signatures of defendant - PW2 in witness box stated about due execution..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of witness - Closure of evidence - Exercise of power by Court - Held, Court should not exercise power U.O.18.R.17 to recall a witness to fill up the lacunae in the evidence of witnesses which have already been recorded - No doubt, Court can exercise jurisdiction to clear any ambiguity that..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a party for further cross examination - Matrimonial dispute - Wife cross examined at length - Recall of wife for further cross examination to confront her with the video CD - CD was very much in existence when wife was cross examined at length - A witness cannot be re-summoned for..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness - Power to recall any witness who has been examined earlier is conferred exclusively on the Court and parties are debarred to invoke the provision...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Court can allow recall of a witness or permit fresh evidence when additional evidence, oral or documentary will (a) assist in rendering justice; (b) Court is satisfied that non production earlier was for valid and sufficient reasons - Court should firstly (a) award..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness - A witness can be recalled by Court either on its own motion or on application filed by any of the parties to the suit - Power is discretionary and should be used sparingly - Purpose is to clarify doubts, if any, and not intended to be used to fill up omissions in evidence of..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-- Re-opening of evidence or recall of any witness for further examination or cross examination - For purposes other than securing clarification required by Court, inherent power u/s 151 of the Code can be invoked, subject to its limitations - Inherent power of Court is not affected by the express..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151-- Statement of witness - - Rectification - Application for - From the trend of cross-examination, it appears that had the witness admitted his signature, cross-examination as made in the manner would not have been done - Held, trial Court directed to recall the witness again to put him specific..........

Showing : 41-50 of 90 Results