Showing : 11-20 of 60 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 311, 231(2)-- Recall of prosecution witnesses - Murder trial - Grounds urged for recall of witnesses pertain to illness of counsel who was engaged on behalf of defence and his inability to put certain questions and had not given certain suggestions and on change of counsel - However, prosecution had examined..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 311A-- Specimen signatures - Magistrate has power to issue directions to any person including an accused person to give specimen signatures and handwriting - Provision of S.311-A with effect from 25.06.2006 is prospective in nature and not retrospective...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 468, 471, Criminal Procedure Code, 1973, Section 311A-- Forged signatures - Misappropriation of loan amounts - Specimen signatures - Occurrence was of the year 1983-1986 - Executive Magistrate before whom specimen signatures were given did not have the authority to enquire into or try the case, as S.311-A Cr.P.C. has been introduced by Act of 2005 and..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Not a single specific reason has been assigned by High Court as to why recall of as many as 13 witnesses was necessary as directed in impugned order - No fault has been found with reasoning of order of trial Court which rejected the recall application - Mere observation that..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Party is permitted to correct its bona fide error and may be entitled to further opportunity even when such opportunity may be sought without any fault on the part of opposite party - However, plea for recall for advancing justice has to be bona fide and has to be balanced..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Object of provision for recall is to reserve the power with Court to prevent any injustice in the conduct of trial at any stage - Power available with Court to prevent injustice has to be exercised only if Court for valid reasons feels that injustice is caused to a party...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Mere fact that accused was in custody and that he would suffer by delay can be no consideration for allowing recall of witnesses, particularly at the fag end of trial...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Mere change of counsel cannot be ground to recall the witnesses...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Recall of witnesses at the stage when statement of accused u/s 313 Cr.P.C. has been recorded, cannot be allowed on the plea that defence counsel was not competent and had not effectively cross examined the witnesses...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - Court can exercise power of re-summoning any witness even if it has exercised said power earlier...........

Showing : 11-20 of 60 Results