Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Court can recall a witness in order to clarify any issue or doubt either suo moto or at request of any party - There is no specific provision in CPC however, enabling parties to reopen evidence for purpose of further examination-in-chief or cross-examination...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW - Suit is at the stage of evidence - Certain contradictions in examination-in-chief of PW have been pointed out, after his cross-examination - It is always open for plaintiff to lead further evidence to prove his case by moving a proper application before Court concerned - Fact situation of case,..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witnesses for further cross examination on the ground that senior counsel was not present at the time of cross examination of witnesses - Nothing, but an exercise to fill up lacuna, which is not permissible - Impugned order of allowing application set aside...........
Civil Procedure Code, 1908, Section 151 -- Recall of an order - Rent and eviction - Absence of counsel - Denying opportunity of cross-examination - Ground for rejection of recall application was that unnecessary harassment to witnesses and absence of counsel who was travelling abroad - Right of cross-examination of material evidence on which fate of eviction petition..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witnesses - Two PWs not cross-examined by accused - No attempts to delay the trial were made on behalf of accused - It is also not a case in which multiple opportunities of cross-examination were allowed to go waste and were not availed of - It is thus, expedient and proper to direct that accused should be provided..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness for cross-examination - Statements of witnesses was recorded in Court but accused is not explaining as to what were compelling circumstances for not having his presence before trial Court - However, looking into the facts and circumstances of case and to avoid serious prejudice going to be caused qua..........
Evidence Act, 1872, Section 138 -- Recall of a witness for re-examination - Nothing pointed out as to material clarification required in reference to the alleged contradiction in the cross examination of witness - Application rightly rejected...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of expert witness for cross examination - Court itself found it necessary to cross examine the expert witness with a view to arrive at a just conclusion for doing complete and substantial justice between the parties - Court is well within its jurisdiction to pass the order allowing recall of expert witness for cross..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness for cross-examination - Cannot be denied on the ground that matter has reached the stage of examination of accused u/s 313 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Statements of I.O was recorded but inadvertency he was not cross-examined with relation to Article-1 which was exhibited by him - Immediately, thereafter, petitioner moved an application u/s 311 Cr.P.C. seeking recalling of witnesses to the extent of Article -1 - Refusing permission to..........
