Showing : 41-50 of 80 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Consumer Protection Act, 1986, Section 13(4), 17, 18, 22(1), 22A-- Ex parte order - Recall of ex parte order - Review of orders - Powers of State Commission/District Forum - Held that the Tribunals are creatures of the Statute and derive their power from the express provisions of the Statute - The District Forum and the State Commissions have not be given any..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Consumer Protection Act, 1986, Section 13(4), 17, 18, 22(1), 22A-- Ex parte order - Recall of ex parte order - Review of orders - Powers of State Commission/District Forum - Held that the Tribunals are creatures of the Statute and derive their power from the express provisions of the Statute - The District Forum and the State Commissions have not be given any..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Suit for specific performance-- Suppression of any material fact/document amounts, a fraud on Court - Every court has an inherent power to recall its own order obtained by fraud as the order so obtained is non est...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Guardians and Wards Act, 1890, Section 7, 9-- Child - Custody - Wife seeking custody of two children aged 11 years and 9 years - Both the children very clear and firm that they want to live with their father and that they do not want to go with their mother - Elder son was not even able to recall the name of mother - In the said facts and..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Evidence Act, 1872, Section 165, Criminal Procedure Code, 1973, Section 311-- Recall and re-examination of a witness - Power of the Court u/s 165 of Evidence Act is in a way complementary to its power u/s 311 of Cr.P.C. - The section consists of two parts i.e. (i) giving a discretion to the Court to examine the witness at any stage and (ii) the mandatory portion which..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366, 368-- Murder reference - High Court can recall the witnesses for confrontation as proceedings before High Court are in the nature of original proceedings and an extended trial...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Evidence Act, 1872, Section 3-- Accused eighteen in number committing murder of seven people - One of the injured eye-witness reported matter to the police after three months - Injured eye-witness and ordinary illiterate villagers from lower caste - Held, it was not possible for the injured eye-witness to remember the names of..........

Showing : 41-50 of 80 Results